ATLANTA, GA/WASHINGTON, DC (Feb. 17, 2016): A child born to a U.S. soldier who is serving overseas and the child is born on a U.S. base in a U.S. hospital is not a U.S. citizen, according to the Fifth Circuit federal appellate court.
Southeastern Legal Foundation has filed an amicus brief challenging this holding, asserting that "This Court should hold, simply, that the child of a U.S. citizen soldier, born in a U.S. hospital on a U.S. base, is a U.S. citizen." Thomas v. Lynch, No. 15-889.
SLF Senior Counsel Kim Hermann, who co-wrote the brief with John Adams, Matthew Fitzgerald, and Michael Baudinet of McGuire Woods LLC in Richmond, VA, argue that with a basic Originalist view of the Constitution's Citizenship Clause, acknowledging the Constitutional citizenship of children of military families overseas is consistent with our nation's tradition of encouraging and honoring military service.
Click here for the SLF legal brief