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Michael Barbaro

๐Ÿ‘ค Speaker
See mentions of this person in podcasts
9180 total appearances

Appearances Over Time

Podcast Appearances

The Daily
The Supreme Court Takes On Birthright Citizenship

And let's start with the administration's lawyer.

The Daily
The Supreme Court Takes On Birthright Citizenship

We will hear argument this morning in case 25365, Trump versus Barbara.

The Daily
The Supreme Court Takes On Birthright Citizenship

General Sauer.

The Daily
The Supreme Court Takes On Birthright Citizenship

Mr. Chief Justice, and may it please the court.

The Daily
The Supreme Court Takes On Birthright Citizenship

The Citizenship Clause was adopted just after the Civil War to grant citizenship to the newly freed slaves and their children.

The Daily
The Supreme Court Takes On Birthright Citizenship

In 1984, this court recognized that subject to the jurisdiction means owing direct and immediate allegiance.

The Daily
The Supreme Court Takes On Birthright Citizenship

The clause thus does not extend citizenship to the children of temporary visa holders or illegal aliens.

The Daily
The Supreme Court Takes On Birthright Citizenship

Unrestricted birthright citizenship contradicts the practice of the overwhelming majority of modern nations.

The Daily
The Supreme Court Takes On Birthright Citizenship

It demeans the priceless and profound gift of American citizenship.

The Daily
The Supreme Court Takes On Birthright Citizenship

And why, according to Sauer, the president's solicitor general, is that the case?

The Daily
The Supreme Court Takes On Birthright Citizenship

That children born to illegal immigrants are not subject to the jurisdiction thereof of the United States government and therefore not eligible to be American citizens when they're born on American soil?

The Daily
The Supreme Court Takes On Birthright Citizenship

The court says at the very beginning of its opinion, here are the accepted facts.

The Daily
The Supreme Court Takes On Birthright Citizenship

These are lawfully domiciled here.

The Daily
The Supreme Court Takes On Birthright Citizenship

When it states the question presented, it talks about domicile.

The Daily
The Supreme Court Takes On Birthright Citizenship

When it recites the legal principle at page 693, it says domicile three times.

The Daily
The Supreme Court Takes On Birthright Citizenship

And at page 705, at the end of the opinion, it says here's the single question we've decided.

The Daily
The Supreme Court Takes On Birthright Citizenship

We've decided that Chinese immigrants with a permanent domicile and residence here fall within the rule of birthright citizenship.

The Daily
The Supreme Court Takes On Birthright Citizenship

And just define that word domicile, because having watched these oral arguments myself, not in the room, but at home, it comes up a lot.

The Daily
The Supreme Court Takes On Birthright Citizenship

And in his telling, undocumented immigrants, by definition, cannot be legally domiciled in the United States because they are here illegally.

The Daily
The Supreme Court Takes On Birthright Citizenship

It did not grant citizenship to the children of temporary visitors or illegal aliens who have no such allegiance.