Menu
Sign In Search Podcasts Libraries Charts People & Topics Add Podcast API Blog Pricing

Ann E. Marimow

πŸ‘€ Speaker
115 total appearances

Appearances Over Time

Podcast Appearances

The Daily
The Supreme Court Takes On Birthright Citizenship

So to have him actually there in person face to face with the justices sent a real signal.

The Daily
The Supreme Court Takes On Birthright Citizenship

So you'll remember the president on his first day back in office issued this executive order to really limit the guarantee of birthright citizenship and say it does not include the children of illegal immigrants or the children of many temporary foreign visitors.

The Daily
The Supreme Court Takes On Birthright Citizenship

That was seen as an open challenge to the long-held understanding of the 14th Amendment, and there were lawsuits filed immediately by Democratic state attorney generals and expectant parents.

The Daily
The Supreme Court Takes On Birthright Citizenship

Yes.

The Daily
The Supreme Court Takes On Birthright Citizenship

And not just in the 14th Amendment, but in subsequent court rulings, in actions by past presidents, this has been the common, subtle law understanding.

The Daily
The Supreme Court Takes On Birthright Citizenship

President Trump's Solicitor General, John Sauer, who represents the administration at the Supreme Court, is asking the justices to reinterpret or restore what he says is the original meaning of the 14th Amendment.

The Daily
The Supreme Court Takes On Birthright Citizenship

So a key point to the administration's argument centered on the language of the 14th Amendment and the meaning of a phrase, subject to the jurisdiction of.

The Daily
The Supreme Court Takes On Birthright Citizenship

The language of the 14th Amendment says that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.

The Daily
The Supreme Court Takes On Birthright Citizenship

John Sauer is trying to get the justices to focus on, again, the meaning of subject to the jurisdiction of.

The Daily
The Supreme Court Takes On Birthright Citizenship

In his view, the babies of illegal immigrants are not subject to the jurisdiction of the United States and are therefore not citizens.

The Daily
The Supreme Court Takes On Birthright Citizenship

So the administration's argument really rests on one of the court's rulings in 1898, and this is the case of Wong Kim Ark.

The Daily
The Supreme Court Takes On Birthright Citizenship

There, the court ruled that a man born in San Francisco but to Chinese immigrants was a citizen.

The Daily
The Supreme Court Takes On Birthright Citizenship

And John Sauer says, we've been thinking about that case all wrong.

The Daily
The Supreme Court Takes On Birthright Citizenship

It's been read too broadly to apply to a larger group of people.

The Daily
The Supreme Court Takes On Birthright Citizenship

And really, he says the key in that decision is the word domicile and the fact that Mr. Wong's parents were legally present in the United States, even though they were not citizens.

The Daily
The Supreme Court Takes On Birthright Citizenship

They had a commitment to living in the U.S.

The Daily
The Supreme Court Takes On Birthright Citizenship

And for that reason, when their son was born in San Francisco, he was a citizen.

The Daily
The Supreme Court Takes On Birthright Citizenship

And so throughout the argument, John Sauer asked the justices to focus on that word and saying that that's key to someone being able to become a birthright citizen.

The Daily
The Supreme Court Takes On Birthright Citizenship

Absolutely.

The Daily
The Supreme Court Takes On Birthright Citizenship

It did come up a lot.