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IU McKinney Professor Gerard Magliocca talked with Politico about the plan to do away with birthright citizenship via an executive order. The story was posted October 30.

President Donald Trump recently announced a plan to issue an executive order that would deny birthright citizenship to babies born in the United States to non-citizens and undocumented immigrants. A wide majority of legal experts agree that such an order could not withstand a challenge on its constitutionality.

"If this ever did reach the Supreme Court, you would get probably eight or nine votes to say it’s unconstitutional," Professor Magliocca said in the story. "The liberal wing of the court won’t like it because they’re not going to like something like this generally. But the conservative wing of the court that believes in following the original meaning of the Constitution cannot possibly look at that and say anything other than, ‘Everyone born here is a citizen.’”

Professor Magliocca is the author of the book, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment, which was published in 2013. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He is also the author of The Heart of the Constitution: How the Bill of Rights Became the Bill of Rights, published in 2017, which is his fourth book.

Professor Magliocca is the Samuel R. Rosen Professor of Law, and the Interim Director of the Center for Intellectual Property Law and Innovation.