I wanted to share a few thoughts on questions that are adjacent to or secondary to the question the Supreme Court is being asked to take up today. That is in part because there is no real question they are being asked to take up. Birthright citizenship is the clear, intended and unambiguous law of the federal constitution. One might as well try to complicate or question whether the document creates a federal senate. I have a source and correspondent deep in the federal bureaucracy who is a specialist in a specific area of federal law unrelated to citizenship questions. And even though I’ve written about this at length over the years, by going over developments in this person’s area of law with them it has helped me crystalize my own thinking on this topic.
Almost all of these cases are based on the premise, the working assumption of what can the U.S. Constitution mean if we decide that words or established phrases simply have no meaning and we can simply piece the individual words together based on their dictionary definitions? So what does the “law of the land” mean? Well, it turns out some guy who did a stint at the Claremont Institute and now teaches at some obscure law school has written a bracing new law review article about how it refers to agricultural policy, mineral and agricultural rights and the law of farming. That’s really where we are here.
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One of the most bizarre aspects of the city occupations in 2025 and early 2026 (and perhaps continuing under Markwayne Mullin? TBD) was the way in which the administration brought random social media celebrities inside its operations to produce propaganda. Through lawsuits and reporting, we’re learning more about how that all worked. Josh Kovensky takes a close look.
Longtime TPM readers know we always have been and always will be a small publication. We like to think we punch above our weight in terms of what we’re able to cover given our size. But we’re always looking for ways to do more.
That’s why we’re thrilled to announce the addition of Mike Rothschild and Sarah Posner as regular contributors to TPM. What that means is you’ll be seeing their bylines a lot more on our site, and hearing from them in our videos and Substack Live conversations.
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