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An attorney general explains how states will fight Trump's birthright citizenship ban

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An attorney general explains how states will fight Trump's birthright citizenship ban

The Constitution is held by a member of Congress on Capitol Hill in Washington on March 23, 2016.

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The legal fight over President Trump and many conservatives’ wish to end birthright citizenship for children of immigrants living in the country without legal status is underway.

A group of 18 Democratic state attorneys general sued the Trump administration Tuesday over its executive order titled “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP.” Two other lawsuits have been filed.

The Trump administration argues in the order that the 14th Amendment “has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’” The order would exclude from automatic U.S. citizenship babies born after Feb. 19 to parents who are “unlawfully” present or have “lawful but temporary” status in the U.S..

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In the lawsuit, states argue that “The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth.”

But beyond that, New Jersey Attorney General Matthew Platkin said the administration is “twisting itself in knots” given its stated goal of deporting all immigrants living in the country without legal status.

The lawsuit further argues that children denied automatic citizenship “will live under a constant threat of deportation,” potentially meaning they’d be under some degree of jurisdiction of the United States.

“For an administration that is taking such a hard line on undocumented immigration and removing those individuals saying they do not have jurisdiction over those people is directly in contradiction to what they are saying in other aspects of their immigration policy,” Platkin told Morning Edition.

Platkin discussed the lawsuit and the administration’s interpretation with NPR’s Steve Inskeep.

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This interview has been edited for length and clarity.

Steve Inskeep: I want to go to the Constitution here. The administration’s case revolves around the first sentence of the 14th Amendment. It begins “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.” What does that mean to you? In the case of someone who’s born in the U.S. and one or both of their parents are here illegally?

Matthew Platkin: Birthright citizenship has been part of the fabric of this nation for centuries. And it was put in the Constitution 157 years ago in the wake of the Civil War, when the people of this nation said we were no longer going to let the political whims determine whether or not someone born on United States soil is an American citizen. And it’s been upheld by the Supreme Court multiple times. This is until Monday night, not something that was ever contested by a president who signed an order that was extraordinary, unprecedented and upended the rule of law.

New Jersey Attorney General Matthew Platkin (center) speaks during a press conference at the Justice Department in Washington, DC, on March 21, 2024.

New Jersey Attorney General Matthew Platkin (center) speaks during a press conference at the Justice Department in Washington, DC, on March 21, 2024.

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Inskeep: Well, let’s go through the two key phrases in that sentence that I read the first part. All persons born. I can’t believe I need to ask this, but I’m going to ask this: Does “all persons born in the United States” mean all persons born in the United States?

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Platkin: Of course it does. And courts have said so for centuries.

Inskeep: OK. But then the other part is the part the administration is focusing on all persons born in the United States “and subject to the jurisdiction thereof.” It is said that that phrase gives some wiggle room. You could redefine who is subject to the jurisdiction of the United States and say someone born in the United States, to a person who’s here without legal status is not subject to the jurisdiction. What do you make of that part of the argument?

Platkin: I think the administration is twisting itself in knots to try to find a political way of making an argument. There’s no good legal argument that people born here are not subject to our jurisdiction. And frankly, for an administration that is taking such a hard line on undocumented immigration and removing those individuals, saying they do not have jurisdiction over those people is directly in contradiction to what they are saying in other aspects of their immigration policy.

So again, this has not been a controversial legal position for centuries. And for 157 years, the plain text of the Constitution has provided this right. And all we are saying is that while presidents are powerful, they are not kings, and they cannot rewrite the Constitution with the stroke of a pen.

Inskeep: Many of the Supreme Court justices describe themselves as originalists. They’ll want to go back to the original public, meaning or they may even go into the intent in some cases. So tell me, do you understand why the phrase “subject to the jurisdiction thereof” in there?

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Platkin: Well, I think you have to remember the reason why birthright citizenship is in the 14th Amendment. Again, 157 years ago in the wake of this nation’s Civil War.

Inskeep: Yeah, I get that. But why is that phrase in there? It does seem to limit the power in some way.

Platkin: But again, Steve, courts have already reviewed this and said very clearly that people born here – going back to the 1890s, the Supreme Court has reviewed this and said people born here are subject.

Inskeep: Is it an exception for the children of diplomats who aren’t subject to the jurisdiction of the United States? Is that what this is about?

Platkin: There is potentially that, but the order is not focused on diplomats. The order is much more broadly targeted on people born here to non-citizen parents, which again has been something we have provided American citizenship for centuries.

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Inskeep: Are you prepared to file a lot of lawsuits against this administration?

Platkin: We’re prepared to stand up for the rule of law, and that’s what we’re doing here and that’s what we’ll continue to do.

This article was edited by Treye Green.

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GOP gearing up to face tough midterms. And, Pentagon reviews women in ground combat

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GOP gearing up to face tough midterms. And, Pentagon reviews women in ground combat

Good morning. You’re reading the Up First newsletter. Subscribe here to get it delivered to your inbox, and listen to the Up First podcast for all the news you need to start your day.

Today’s top stories

President Trump continues to suggest that the U.S. will have a lengthy and active role in Venezuela after capturing the ousted president Nicolás Maduro. Trump has proposed several plans for Venezuela’s future government and economy. In those proposals, U.S. companies are expected to play a key role.

President Trump dances as he departs after speaking during a House Republican retreat at The John F. Kennedy Center for the Performing Arts on Jan. 6, 2026, in Washington, DC. House Republicans will discuss their 2026 legislative agenda at the meeting.

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  • 🎧 Trump and his aides are unclear about the future of Venezuela, NPR’s Franco Ordoñez tells Up First. When the president says the U.S. will run the country, many eyes are on Stephen Miller, Trump’s deputy chief of staff for policy. Miller, known for his stringent immigration policies, is one of the U.S. officials overseeing Venezuela. Ordoñez also says Miller has more recently described ruling over the hemisphere by force.
  • ➡️ Last night, Trump posted on social media that Venezuela will turn over between 30 million and 50 million barrels of sanctioned oil to the U.S. While seizing current oil production is one thing, overhauling Venezuela’s oil industry requires a far greater effort. Here’s why.

While meeting with House Republicans yesterday, Trump attempted to offer his party a roadmap to victory in this year’s midterm elections. The president acknowledged the possibility of his party losing the majority in the House this year. Trump said in his speech that the president’s party often loses the midterms.

  • 🎧 NPR’s Domenico Montanaro says that while it’s true the midterms are hard on the president’s party, it is even worse when a president’s approval rating is below 50%. Trump is facing his lowest second-term approval ratings, largely due to the rising cost of living. During yesterday’s speech, the president didn’t offer much on the topic. When he did discuss the economy, it was about how the stock market is at historic highs. He also touted his tariffs, which have actively raised prices on many things. People have informed pollsters for months that they believe the president’s policies have harmed the economy. Montanaro says one area where Trump and Republicans could take action is legislation on health care.

The Pentagon is preparing a six-month review to evaluate what it calls the military “effectiveness” of women serving in ground combat roles. Undersecretary Anthony Tata requested that the Army and Marine Corps submit data on the readiness, training, performance, casualties and command climate of ground combat units and personnel by Jan. 15. The effort aims to determine how gender integration has influenced operational success over the last decade.

Special series

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Trump has tried to bury the truth of what happened on Jan. 6, 2021. NPR built a visual archive of the attack on the Capitol, showing exactly what happened through the lenses of the people who were there. “Chapter 3: Assault on the Capitol,” lays out the timeline of key moments throughout the day as the riot unfolded.

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On the morning of Jan. 6, 2021, Trump held a “Save America” rally at the Ellipse, a site near the White House and U.S. Capitol. Multiple speakers promoted voter fraud myths and urged Vice President Mike Pence to overturn the election. Meanwhile, a group of 200 Proud Boys marched toward the Capitol. Before Trump’s speech ended, violence erupted on Capitol grounds. The Jan. 6 attack on the Capitol “was the most videotaped crime in American history, if not world history,” according to Greg Rosen, a former federal prosecutor who led the Justice Department unit that investigated the riot. But conspiracy theories still falsely label the assault a “normal tourist visit.” NPR’s review of thousands of court videos shows rioters assaulting officers with weapons, calling for executions and looting the building. These videos show the exact timing of events as they occurred. Corresponding maps show the locations where the conflict took place.

To learn more, explore NPR’s database of federal criminal cases from Jan. 6. You can also see more of NPR’s reporting on the topic.

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The tin soldier, a marionette puppet made by Nicolas Coppola and the main character in "The Steadfast Tin Soldier" show at Puppetworks.

The tin soldier, a marionette puppet made by Nicolas Coppola and the main character in “The Steadfast Tin Soldier” show at Puppetworks.

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For more than 30 years, Puppetworks has staged classics like The Tortoise and the Hare, Pinocchio, Aladdin and more in Brooklyn’s Park Slope neighborhood. Every weekend, children gather on foam mats and colored blocks to watch wooden renditions of the shows. The company’s founder and artistic director, 90-year-old Nicolas Coppola, has been a professional puppeteer since 1954. The theater has puppets of all types, including marionettes, swing, hand, and rod. They transport attendees back to the 1980s, when most of these puppets were made. Over the years, Coppola has updated the show’s repertoire to better meet the cultural moment. Step inside his world with these images.

3 things to know before you go

An overhead view of Ascot Hills Park in Los Angeles, CA. A 10,000 square foot patch of green stands out against a dirt path and brown weeds.

This tiny forest in Los Angeles, CA is one of many micro-forests around the world offering green space and contributing to local biodiversity.

Demian Willette/Loyola Marymount University

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  1. Scientists are establishing micro-forests in big cities to boost biodiversity and rejuvenate compromised land. Short Wave producer Rachel Carlson visited California’s largest micro-forest. Tune in to hear her account of the experience.
  2. The Hungarian arthouse director Béla Tarr has died at 70. He’s best known for his bleak, existential, and challenging films, including Sátántangó.
  3. While we often associate serendipity with luck or happy accidents, its origin suggests it’s more than just happenstance. This week, NPR’s Word of the Week explores the historical impact of serendipity and offers tips on how to cultivate it.

This newsletter was edited by Suzanne Nuyen.

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Amazon accused of listing products from independent shops without permission

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Amazon accused of listing products from independent shops without permission

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Amazon has been accused of listing products from independent retailers without their consent, even as the ecommerce giant sues start-up Perplexity over its AI software shopping without permission.

The $2.5tn online retailer has listed some independent shops’ full inventory on its platform without seeking permission, four business owners told the Financial Times, enabling customers to shop through Amazon rather than buy directly.

Two independent retailers told the FT that they had also received orders for products that were either out of stock or were mispriced and mislabelled by Amazon leading to customer complaints.

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“Nobody opted into this,” said Angie Chua, owner of Bobo Design Studio, a stationery store based in Los Angeles.

Tech companies are experimenting with artificial intelligence “agents” that can perform tasks like shopping autonomously based on user instructions.

Amazon has blocked agents from Anthropic, Google, OpenAI and a host of other AI start-ups from its website.

It filed a lawsuit in November against Perplexity, whose Comet browser was making purchases on Amazon on behalf of users, alleging that the company’s actions risked undermining user privacy and violated its terms of service.

In its complaint, Amazon said Perplexity had taken steps “without prior notice to Amazon and without authorisation” and that it degraded a customer shopping experience it had invested in over several decades.

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Perplexity in a statement at the time said that the lawsuit was a “bully tactic” aimed at scaring “disruptive companies like Perplexity” from improving customers’ experience.

The recent complaints against Amazon relate to its “Buy for Me” function, launched last April, which lets some customers purchase items that are not listed with Amazon but on other retailers’ sites.

Retailers said Amazon did not seek their permission before sending them orders that were placed on the ecommerce site. They do not receive the user’s email address or other information that might be helpful for generating future sales, several sellers told the FT.

“We consciously avoid Amazon because our business is rooted in community and building a relationship with customers,” Chua said. “I don’t know who these customers are.”

Several of the independent retailers said Amazon’s move had led to poor experiences for customers, or hurt their business.

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Sarah Hitchcock Burzio, the owner of Hitchcock Paper Co. in Virginia, said that Amazon had mislabelled items leading to a surge in orders as customers believed they were receiving more expensive versions of a product at a much lower price.

“There were no guardrails set up so when there were issues there was nobody I could go to,” she said.

Product returns and complaints for the “Buy for Me” function are handled by sellers rather than Amazon, even when errors are produced by the Seattle-based group.

Amazon enables sellers to opt out of the service by contacting the company on a specific email address.

Amazon said: “Shop Direct and Buy for Me are programmes we’re testing that help customers discover brands and products not currently sold in Amazon’s store, while helping businesses reach new customers and drive incremental sales.

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“We have received positive feedback on these programmes. Businesses can opt out at any time.”

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Trump says Venezuela will turn over 30 million to 50 million barrels of oil to US | CNN Business

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Trump says Venezuela will turn over 30 million to 50 million barrels of oil to US | CNN Business

President Donald Trump said Tuesday night that Venezuela will turn over 30 million to 50 million barrels of oil to the United States, to be sold at market value and with the proceeds controlled by the US.

Interim authorities in Venezuela will turn over “sanctioned oil” Trump said on Truth Social.

The US will use the proceeds “to benefit the people of Venezuela and the United States!” he wrote.

Energy Secretary Chris Wright has been directed to “execute this plan, immediately,” and the barrels “will be taken by storage ships, and brought directly to unloading docks in the United States.”

CNN has reached out to the White House for more information.

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A senior administration official, speaking under condition of anonymity, told CNN that the oil has already been produced and put in barrels. The majority of it is currently on boats and will now go to US facilities in the Gulf to be refined.

Although 30 to 50 million barrels of oil sounds like a lot, the United States consumed just over 20 million barrels of oil per day over the past month.

That amount may lower oil prices a bit, but it probably won’t lower Americans’ gas prices that much: Former President Joe Biden released about four to six times as much — 180 million barrels of oil — from the US Strategic Petroleum Reserve in 2022, which lowered gas prices by only between 13 cents and 31 cents a gallon over the course of four months, according to a Treasury Department analysis.

US oil fell about $1 a barrel, or just under 2%, to $56, immediately after Trump made his announcement on Truth Social.

Selling up to 50 million barrels could raise quite a bit of revenue: Venezuelan oil is currently trading at $55 per barrel, so if the United States can find buyers willing to pay market price, it could raise between $1.65 billion and $2.75 billion from the sale.

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Venezuela has built up significant stockpiles of crude over since the United States began its oil embargo late last year. But handing over that much oil to the United States may deplete Venezuela’s own oil reserves.

The oil is almost certainly coming from both its onshore storage and some of the seized tankers that were transporting oil: The country has about 48 million barrels of storage capacity and was nearly full, according to Phil Flynn, senior market analyst at the Price Futures Group. The tankers were transporting about 15 million to 22 million barrels of oil, according to industry estimates.

It’s unclear over what time period Venezuela will hand over the oil to the United States.

The senior administration official said the transfer would happen quickly because Venezuela’s crude is very heavy, which means it can’t be stored for long.

But crude does not go bad if it is not refined in a certain amount of time, said Andrew Lipow, the president of Lipow Oil Associates, in a note. “It has sat underground for hundreds of millions of years. In fact, much of the oil in the Strategic Petroleum Reserve has been around for decades,” he wrote.

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