Northwestern historian’s research cited in Supreme Court birthright citizenship ruling

The U.S. Supreme Court reaffirmed birthright citizenship in the United States in a 6-3 vote in the Trump v. Barbara case in June.

In her 20-page concurring opinion to the Court’s majority opinion, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayer, made multiple citations from Northwestern history professor Kate Masur’s book “Until Justice Be Done,” as well as from an amicus brief she co-authored with Martha S. Jones of Johns Hopkins University.

The brief, based on Masur’s and Jones’ original research, detailed 80 years of advocacy for citizenship undertaken by free Black Americans that shaped the 14th Amendment. Justice Jackson’s opinion referenced many of the primary sources cited in the amicus brief.

Masur is the John D. MacArthur Professor of History in Weinberg College of Arts and Sciences at Northwestern. Her book was a finalist for the Pulitzer Prize in history and the winner of several other book prizes.

“This is public history at its finest,” said Kevin Boyle, William Smith Mason Professor of American History and department chair. “As Kate’s history department colleagues, we are very proud to see Justice Jackson repeatedly cite Kate’s brilliant book.”

“In case after Supreme Court case, we’ve seen attempts to rewrite the Constitution based on flawed historical narratives,” said Thomas Wolf, Director of Democracy Initiatives, Brennan Center for Justice at NYU School of Law. “Rigorous history — faithful to sources and accessible to judicial and popular audiences alike — can change that dynamic. Professor Masur’s filing with Professor Jones, so critical to protecting birthright citizenship, is a leading example of just that.

“When we formed the Historians Council on the Constitution with Professor Masur as a charter member, we were hopeful that historians could make a difference in our public life by speaking historical truth to power. And so, it’s quite rewarding to see Professor Masur’s scholarship and advocacy reflected in this critical opinion. Her work on the history of advocacy for birthright citizenship will now be a key piece of that constitutional right’s next chapter.”

Northwestern Now spoke to Masur in 2021 about her widely heralded book “Until Justice Be Done.” Read the interview here.