Thursday, January 6, 2022
Wong Kim Ark Rewritten by Jonathan Weinberg, forthcoming in Feminist Judgments: Immigration Law Opinions Rewritten (Kathleen Kim, Kevin Lapp, & Jennifer Lee eds., Cambridge University Press, forthcoming 2022)
This contribution to Feminist Judgments: Immigration Law Opinions Rewritten (Kathleen Kim, Kevin Lapp, & Jennifer Lee eds., Cambridge University Press, forthcoming 2022) reimagines the Supreme Court’s opinion in Wong Kim Ark v. United States. The Court in that 1898 case held that the child of Chinese immigrants, born in the United States, was a U.S. citizen. The rewritten opinion explains how the legal landscape of Wong Kim Ark was shaped not only by racism, but by white Americans’ beliefs about Chinese women’s propensities and morality, Chinese men’s conformance to appropriate gender roles, the right of Chinese merchants to connubial access to their wives, and the nature of Chinese families.