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Politics Foreign Affairs Culture Fellows Program

Overturn United States v. Wong Kim Ark

America’s decades-long practice of offering birthright citizenship to all comers rests on a false foundation.

Portrait Of Wong Kim Ark
Wong Kim Ark, 1904. (National Archives/Interim Archives/Getty Images)

Overturning Roe seemed like a pipe dream until it finally happened. Now that the worst modern legal precedent is gone, we asked TAC contributors: Which bad decision should the Supreme Court overturn next?

A widespread, but erroneous, misconception is that the Supreme Court’s decision in United States v. Wong Kim Ark (1898) authoritatively interprets the 14th Amendment as requiring birthright citizenship.

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