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Legal systems talk about legal doctrine, and the Supreme Court’s opinions in the birthplace citizenship case decided this week kicked off with a discussion of 17th-century English precedent. The discussion between justices is anchored in centuries of history and theory, but it’s mostly not anchored in a more immediate question: When a pregnant “birth tourist” in another country pulls up the website for an American obstetrics clinic that specializes in delivering babies for foreign visitors, what does she think she’s trying to get? What is U.S. citizenship to parents who use a border crossing to obtain it for their children?
