Carrie Johnson

And understanding in a very key 1898 Supreme Court case that got mentioned many times, Juan Kim Arc.

Well, one of the main examples was that Congress actually acted twice in 1940 and 1952 using the same language that's in the 14th Amendment.

And one of the interesting questions that Cecilia Wong asked

from the ACLU got was from Justice Brett Kavanaugh was basically, how do you want to win this case?

If we agree with you, do we just basically affirm that one Kim Ark precedent from 1898?

Or do we make a big statement about the Constitution?

Or do we rule on the basis of those two prior enacted laws by Congress in 1940 and 1952?

And when you're an advocate arguing before the Supreme Court and a justice asks you basically how you want to win, you're probably feeling pretty good about yourself.

And a narrow path, a narrow path is usually what this court wants to take.

And they could just decide to affirm Juan Kim Ark, as Justice Kavanaugh said, and keep it short and sweet.

I'm Carrie Johnson.

I cover the Supreme Court and justice.

On his first day back in the White House, President Trump signed an executive order that was designed to prevent children born to immigrants in the country without long-term legal status from automatically becoming citizens.

He said U.S.

citizenship is a priceless gift.

He talked about the 14th Amendment and it's guaranteed that people born or naturalized in the U.S.

and subject to the jurisdiction thereof are citizens.

And he talked about how that amendment basically

overturned the Dred Scott decision and the idea that enslaved people who are newly freed and their children should become American citizens was like basically the whole intent of the 14th Amendment.

But he cast some doubt or cast a shadow over people who were in the U.S.