Carrie Johnson

And today in the arguments, the solicitor, General John Sauer, once again asked for relief that would be prospective.

In other words, this order wouldn't go back and take away the citizenship of babies already born in the U.S.

But Justice Sotomayor really raised questions about that.

She basically said the argument, the import of the argument that Trump administration is making would allow somebody to go back and potentially denaturalize lots and lots of people who are already born in this country.

And, you know, that would be a tremendous, tremendous change and a real upheaval.

In another passage, other justices asked about, you know, how that could play out moving forward.

And, you know, we already know from estimates that were put forward in this case that about 250,000 babies are born annually, that this could apply to as many as 5 million over the next 20 years.

But if the administration wins here, which seems a little hard to imagine based on the

that this administration or a future one could go back and take some very aggressive steps that would apply to people who were born here sometimes a long time ago.

Justice Katandre Brown Jackson really put this very boldly.

She asked what would happen if there were a dispute about the nationality or citizenship of a new baby.

She asked the Solicitor General, are we going to give depositions to pregnant moms?

And what if the administration or somebody in the hospital concludes that this baby is not a citizen?

How do the parents appeal that?

And the solicitor general basically said after the fact there would be some kind of appeal process.

But the import of her question was, how are new parents who have their hands more than full going to be in a position to appeal some kind of determination made by some authority agency?

And, you know, one of the main issues here is how workable it would be if this Supreme Court decides to overturn something that's been basically common understanding for over 150 years.

Understanding in how people have behaved toward new parents and infants.

Understanding in the precedent of the law.

Understanding in the 14th Amendment itself.