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Judge Jeff Sutton and Neil Weare examine insular cases and birthright citizenship

Chief Judge Jeff Sutton and Right to Democracy co-director Neil Weare join a podcast to discuss the Insular Cases and the status of birthright citizenship after the Trump v. Barbara decision.

In this Advisory Opinions podcast, Sarah Isgur and David French provide a quick recap of two Supreme Court actions before turning to a deep dive on the Insular Cases. They welcome Judge Jeff Sutton, the chief judge of the Sixth Circuit, and Neil Weare, co-director of the advocacy group Right to Democracy, who was raised in Guam and once competed in the 2004 Olympics for the island. The guests explore the legal legacy of the Insular Cases and assess how the recent Trump v. Barbara decision reshapes birthright citizenship, especially in a pending Alaska case that could set a new precedent.

Weare highlights the unique status of U.S. territories, noting that they can field their own Olympic teams and other international representations. The discussion also touches on the broader implications for constitutional rights in territories and the political landscape surrounding citizenship policy.

Why it matters

The dialogue clarifies how recent court rulings could change citizenship rights for U.S. territories and their residents.

How this story developed

  1. Aug 27 Rep. Jake Auchincloss Discusses Congressional Reform and Supreme Court Changes
  2. Aug 30 A climate researcher introduced a Supreme Court‑expansion litmus test for Senate Democrats.
  3. Sep 1 Jim Clyburn publicly advocated expanding the Supreme Court to 13 justices.
  4. Sep 2 Speaker Mike Johnson announced a House vote on a constitutional amendment to limit the Supreme Court to nine justices.

In this story

insular casesbirthright citizenshipTrump v. BarbaraSupreme CourtSixth CircuitGuamOlympicsRight to Democracyadvisory opinions
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