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Ilan Wurman

Ilan Wurman
Wurman speaking to the Senate Judiciary Committee in 2026
Academic background
Education
Academic work
DisciplineU.S. constitutional law, U.S. administrative law
InstitutionsUniversity of Minnesota Law School, Arizona State University (Sandra Day O'Connor College of Law)

Ilan Wurman is an American legal scholar. He is the Julius E. Davis Professor of Law at the University of Minnesota Law School, where he teaches administrative law and constitutional law. He previously taught at the Sandra Day O'Connor College of Law at Arizona State University. He is the author of A Debt Against the Living: An Introduction to Originalism (2017) and The Second Founding: An Introduction to the Fourteenth Amendment (2020). His scholarship focuses on originalism, the Fourteenth Amendment, administrative law, and separation of powers. In both 2025 and 2026, his scholarship on birthright citizenship received broader public attention in connection with Trump v. Barbara.

Education and early career

Wurman graduated from Claremont McKenna College in 2009 with a major in government and physics, and from Stanford Law School in 2013.[1] While at Stanford, he served as the senior articles editor of the Stanford Law Review.[2] After law school, he clerked for Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and practiced law at Winston & Strawn in Washington, D.C. before entering academia.[3]

Academic career

Wurman taught at the Sandra Day O'Connor College of Law at Arizona State University, where he taught administrative law and constitutional law.[3][4] In 2024, he joined the University of Minnesota Law School as an associate professor of law with tenure.[4] Later that year, he was appointed Julius E. Davis Professor of Law.[5]

Scholarship

Wurman's scholarship focuses on administrative law, constitutional law, originalism, separation of powers, and the Fourteenth Amendment.[6][4] His writing has appeared in the Yale Law Journal, Stanford Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Virginia Law Review, Duke Law Journal, Minnesota Law Review, Notre Dame Law Review, and Texas Law Review.[4]

In A Debt Against the Living: An Introduction to Originalism (2017), Wurman defended originalism as a method of constitutional interpretation.[7][8][9] In The Second Founding: An Introduction to the Fourteenth Amendment (2020), he examined the original meaning of the Fourteenth Amendment's Due Process, Equal Protection, and Privileges or Immunities Clauses.[10][11] In 2021, The Second Founding was named a Choice Outstanding Academic Title.[10]

His books have been reviewed in The Federal Lawyer, Claremont Review of Books, and Law & Liberty.[9][8][11]

Birthright citizenship

In February 2025, Wurman and Randy Barnett co-authored a New York Times guest essay arguing that President Donald Trump's executive order restricting birthright citizenship had stronger constitutional support than many critics contended.[12] In 2026, SCOTUSblog highlighted Wurman's amicus brief in Trump v. Barbara as one of the briefs supporting the Trump administration's position in the case, and Reuters quoted him before oral argument on the scope of birthright citizenship.[13][14]

Wurman also testified before the United States Senate Committee on the Judiciary at a hearing titled Protecting American Citizenship: Birthright Citizenship for Illegal Aliens and Tourists, alongside Charles J. Cooper, Amanda Frost, Alejandro Barranco, and Peter Schweizer.[15]

The federal government cited Wurman's article Jurisdiction and Citizenship in its merits brief and reply brief in Trump v. Barbara. During oral arguments, Solicitor General D. John Sauer referred the justices to Wurman's amicus brief.[16][17][18][19]

Wurman's birthright-citizenship arguments drew criticism from legal commentators and scholars. In Lawfare, Chris Mirasola argued that Barnett and Wurman invoked a "nonexistent 'puzzle'" of international law to support their theory.[20] In Just Security, Marty Lederman and David J. Bier described their defense of Trump's executive order as "fundamentally flawed".[21] A 2025 Cornell Law Review Online essay by Anthony M. Kreis, Evan D. Bernick, and Paul A. Gowder characterized the position as an "ahistorical, revisionist interpretation" of the Citizenship Clause.[22]

Selected works

  • A Debt Against the Living: An Introduction to Originalism (Cambridge University Press, 2017)[7]
  • The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge University Press, 2020)[10]
  • Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press, 2021; 3rd ed. 2025)[6]
  • Jurisdiction and Citizenship (2026)[16]

References

  1. ^ "A Debt Against the Living". Claremont McKenna College. October 25, 2016. Retrieved April 13, 2026.
  2. ^ "Prof. Ilan Wurman". The Federalist Society. 27 September 2017. Retrieved April 13, 2026.
  3. ^ a b "An Introduction to the Fourteenth Amendment". Claremont McKenna College. September 29, 2021. Retrieved April 13, 2026.
  4. ^ a b c d "Professor Ilan Wurman to Join Minnesota Law Faculty". University of Minnesota Law School. April 23, 2024. Retrieved April 13, 2026.
  5. ^ "Professor Ilan Wurman Appointed Julius E. Davis Professor of Law". University of Minnesota Law School. November 12, 2024. Retrieved April 13, 2026.
  6. ^ a b "Ilan Wurman". University of Minnesota Law School. Retrieved April 13, 2026.
  7. ^ a b Wurman, Ilan (August 30, 2017). A Debt Against the Living: An Introduction to Originalism. doi:10.1017/9781108304221. ISBN 978-1-108-30422-1. Retrieved April 13, 2026. {{cite book}}: |website= ignored (help)
  8. ^ a b Rabkin, Jeremy A. (Summer 2018). "Big Tent Originalism". Claremont Review of Books. Retrieved April 13, 2026.
  9. ^ a b Pestana, Diego M. (October–November 2018). "A Debt Against the Living: An Introduction to Originalism" (PDF). The Federal Lawyer. pp. 65–67. Retrieved April 13, 2026.
  10. ^ a b c Wurman, Ilan (October 30, 2020). The Second Founding: An Introduction to the Fourteenth Amendment. doi:10.1017/9781108914956. ISBN 978-1-108-91495-6. Retrieved April 13, 2026. {{cite book}}: |website= ignored (help)
  11. ^ a b Lash, Kurt T. (January 20, 2021). "An Incomplete Introduction to the Fourteenth Amendment". Law & Liberty. Retrieved April 13, 2026.
  12. ^ "Prof. Ilan Wurman Co-Authors Op-Ed in New York Times About Executive Order Challenging Birthright Citizenship". University of Minnesota Law School. February 15, 2025. Retrieved April 13, 2026.
  13. ^ Howe, Amy (February 13, 2026). "A guide to some of the briefs in support of ending birthright citizenship". SCOTUSblog. Retrieved April 13, 2026.
  14. ^ Chung, Andrew (March 29, 2026). "In Supreme Court fight over birthright citizenship, a great-grandson hears echoes of 1898". Reuters. Retrieved April 13, 2026.
  15. ^ "Protecting American Citizenship: Birthright Citizenship for Illegal Aliens and Tourists". United States Senate Committee on the Judiciary. March 10, 2026. Retrieved April 18, 2026.
  16. ^ a b Wurman, Ilan (2026). "Jurisdiction and Citizenship" (PDF). Harvard Journal of Law & Public Policy. Retrieved April 13, 2026.
  17. ^ "Brief for the Petitioners, Trump v. Barbara, No. 25-365" (PDF). Supreme Court of the United States. January 20, 2026. Retrieved April 13, 2026.
  18. ^ "Reply Brief for the Petitioners, Trump v. Barbara, No. 25-365" (PDF). Supreme Court of the United States. March 19, 2026. Retrieved April 13, 2026.
  19. ^ "Transcript of Oral Argument, Trump v. Barbara, No. 25-365" (PDF). Supreme Court of the United States. April 1, 2026. Retrieved April 13, 2026.
  20. ^ Mirasola, Chris (February 25, 2025). "There Is No Puzzle About Birthright Citizenship". Lawfare. Retrieved April 13, 2026.
  21. ^ Lederman, Marty; Bier, David J. (February 19, 2025). "Flaws in the Defense of Trump's Birthright Citizenship EO". Just Security. Retrieved April 13, 2026.
  22. ^ Kreis, Anthony M.; Bernick, Evan D.; Gowder, Paul A. (2025). "Birthright Citizenship and the Dunning School of Unoriginal Meanings". Georgia State University College of Law Reading Room. Retrieved April 13, 2026.

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