Mazzone weighs in on lawsuit brought by an Illinois judge against justices of the Illinois Supreme Court

Writing for Justia Verdict, UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss the federal lawsuit brought by former Illinois judge James Brown against the Justices of the Illinois Supreme Court following his removal from a temporary recall appointment. Professors Amar and Mazzone argue that while judicial immunity likely bars the plaintiff’s claims for monetary damages, the case presents complex, unresolved questions regarding the application of First Amendment speech protections to judicial appointments and the extent to which states may manage their own judiciaries.

Mazzone quoted in NYT after SCOTUS hears oral arguments in birthright citizenship case

Following oral arguments in Trump v. Barbara, most legal experts agreed that although the Supreme Court will most likely decide against the government, the justices’ treatment of the Trump administration’s position lends it respectability and could ultimately allow Congress to return to the question of birthright citizenship.

Professor Jason Mazzone, constitutional law expert, expected far more aggressive questioning of both sides. Speaking to the New York Times, he said, “I kept having to remind myself that I was listening to a Supreme Court oral argument rather than presentation of papers at an academic conference before a polite audience of scholars willing to engage with whatever eccentric idea was being presented.”

“My conclusion from the content and tone of the argument is that there is a majority — possibly even nine justices — already persuaded that the executive order violates the 1952 statute,” he said, “and so the 14th Amendment argument didn’t need the sort of probing that would be required in another case that turned solely on a constitutional issue.”

Illinois LawCast: Professor Jason Mazzone on Trump v. Barbara

In this special bonus episode, Professor Jason Mazzone joins the podcast to discuss the case of Trump v. Barbara, argued before the U.S. Supreme Court on April 1, 2026. Mazzone is the Albert E. Jenner, Jr. Professor of Law at the University of Illinois at Urbana-Champaign and Director of the Illinois Program in Constitutional Theory, History, and Law. An expert on issues of constitutional structure and institutional design, with a particular focus on relationships between structural arrangements and individual rights, his groundbreaking work on the Constitution of the United States has appeared in dozens of prominent legal journals. He regularly advises, on a pro bono basis, litigants in cases before the Supreme Court of the United States and in other courts.

The case of Trump v. Barbara centers on Executive Order No. 14,160, issued January 20, 2025, titled “Protecting the Meaning and Value of American Citizenship,” which declared that individuals born in the United States are not U.S. citizens at birth if their parents lack sufficient legal status. The order was issued on the alleged basis that the Fourteenth Amendment’s Citizenship Clause does not confer birthright citizenship on such children because they are not “subject to the jurisdiction” of the United States in the constitutional sense. In this episode, Professor Mazzone explains the background of the case, what his impressions are from the arguments, and why he believes the Executive Order will be invalidated by a large majority.

If you have comments or suggestions for the podcast, please contact podcast@law.illinois.edu.

Chicago Tribune quotes Mazzone on birthright citizenship

“There are few cases that are more important than this one,” Professor Jason Mazzone told the Chicago Tribune about the United States Supreme Court’s case deciding the constitutionality of President Donald Trump’s attempt to restrict birthright citizenship. In an extensive article about how the end of birthright citizenship would affect those in Chicago, Mazzone told the Tribune the Court must rule the effort unconstitutional. “If you read the president’s executive order and you match it to the language of the 14th Amendment I think most people will see the flat contradiction between those two texts,” he said.

SCOTUS must invalidate birthright citizenship order, Mazzone and Amar write

President Donald Trump issued an executive order that would end birthright citizenship as commonly understood. More than a year later, the Supreme Court is set to hear arguments on the case, and Professors Jason Mazzone and Vikram Amar believe the order should be invalidated. Writing at Justia Verdict, the professors argue, again, that the order violates the first sentence of Section One of the Fourteenth Amendment, and it also flouts the 1952 Immigration and Nationality Act.

Reuters quotes Mazzone and Amar on ICE lawsuits

As Democrat-led states seek new laws that allow individuals to sue federal agents in response to tactics used by Immigration and Customs Enforcement (ICE), Reuters quotes Professors Jason Mazzone and Vikram Amar on a law that Illinois recently passed. Their scholarship, originally published in Justia Verdict, called the Illinois law “innovative” but “imperfect” as a way to address these concerns.

Mazzone part of Sawyer Seminar grant team

For the first time in the 30-year history of the Sawyer Seminar Program, a team of Illinois faculty researchers have been awarded the prestigious grant, including College of Law Professor Jason Mazzone. The grant is given through Andrew W. Mellon Foundation to groups studying the challenges to democracy and academic freedom confronting US universities now. The Illinois initiative includes Susan Koshy (Asian American Studies and English), Rosalyn LaPier (History and American Indian Studies), Jason Mazzone (Law), and David Sepkoski (History).

The group’s work will examine risk and academic freedom through a series of case studies done in conjunction with a larger team of contributors from around the university. The Sawyer Seminar’s activities will span a two-year period, beginning in the spring of 2026.

Trump v. Barbara is biggest case of term, Mazzone writes

In terms of impact, the biggest case before the United States Supreme Court in its current term is Trump v. Barbara, Professor Jason Mazzone predicted in the News-Gazette. The case, which will consider the constitutionality of President Donald Trump’s executive order denying birthright citizenship to individuals born in the United States, is “plainly unconstitutional,” he states. “I expect that when the court rules in Trump v. Barbara, it will issue a strongly originalist decision that deploys constitutional text, structure and history to reject the president’s attempt to evade the plain words of the Fourteenth Amendment. That will be a fitting outcome in the year in which we celebrate the 250th anniversary of the Declaration of Independence,” he concludes.

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