More than a century ago, the United States Supreme Court issued a decision establishing the principle of birthright citizenship. Many of us likely take for granted that we belong to this nation just as it belongs to us, without appreciating how a San Francisco native pressed his claim to our benefit. United States v. Wong Kim Ark has remained obscure, but the same contentions that were presented in the landmark case have continued to be important in controversies over who should be accepted as a member of our community.

Modern lawyers have much to learn about advocacy from Wong’s lawyers’ arguments. We can see how judges who are hostile to a client can still be won over through careful reasoning. Wong’s counsel conceded Wong’s parents had no rights that had to be respected. They won for Wong by demonstrating there was no means of distinguishing between Wong and others with whom the decision-makers more readily identified.

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