Joseph Donahue (University of Seattle) has posted Trump v. Barbara: Temporal Territorial Bubbles on SSRN. Here is the abstract:
Barbara revealed a Court genuinely wrestling with a constitutional question that existing doctrine has not cleanly resolved: what does “subject to the jurisdiction thereof” mean for children born to parents whose presence in the United States is either unauthorized or genuinely transient? The government’s domicile-as-allegiance theory and the respondents’ common law territorial rule both have real purchase with different justices. But there is a third framework, latent in the questions asked by Justices Roberts, Gorsuch, Barrett, and Kavanaugh, that could unify the middle of the Court while remaining faithful to United States v. Wong Kim Ark and the constitutional text. The framework turns on a dimension that neither party fully developed: time.
Very short, very interesting.
Lawrence Solum