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Fitisemanu v. US "For over a century, the land of American Samoa has been an American territory, but its people have never been considered American citizens. Plaintiffs, three citizens of American Samoa, asked the district court in Utah to upend...

Fitisemanu v. US "Plaintiffs’ Motion for Summary Judgment, (ECF No. 30) is GRANTED. a. Persons born in American Samoa are citizens of the United States by virtue of the Citizenship Clause of the Fourteenth Amendment. 8 U.S.C. § 1408...

"Donald Trump is not the first Republican presidential candidate to float the idea of scrapping the principle that anyone born in the United States automatically becomes a US citizen. And he probably won’t be the last. [This...

Please take a moment to read Cyrus D. Mehta's post in its entirety to learn why tinkering with the Fourteenth Amendment would lead to 'absurd and disastrous results.'

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases...

"Appellants are individuals born in the United States territory of American Samoa. Statutorily deemed “non-citizen nationals” at birth, they argue the Fourteenth Amendment’s Citizenship Clause affords them citizenship by dint of...

The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has...

By Anthony Hoover In 1993, Pennsylvania passed a law that provided courts the authority to require parents to pay college expenses for their children (23 Pa.C.S. § 4327). In 1995, the Pennsylvania Supreme Court, in Curtis v. Kline , held that...

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 9 filed a lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments...

Plaintiff, Joe the Plumber, became a national figure during the 2008 presidential campaign when he appeared in the media on numerous occasions questioning and criticizing then Senator Obama's tax plan particularly as it related to small businesses...

Ending Birthright Citizenship Would be Costly to America On March 5, 2012 the National Foundation for American Policy ("NFAP") published a paper authored by Bender's Immigration Bulletin Editorial Board member Margaret D. Stock. Entitled...

For nearly a century and a half, the Fourteenth Amendment to the U.S. Constitution has provided automatic citizenship to almost everyone born in the United States. News reports say that legislators in many states are going to try to pass laws this year...

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 12 filed additional pleadings in his lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's...

By Jay Shapiro, Partner Katten Muchin Rosenman LLP "If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene, 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case...

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v....