Michael Barbaro
๐ค SpeakerAppearances Over Time
Podcast Appearances
Just briefly remind us how this case found its way into this room.
Basically saying the 14th Amendment guarantees that anyone born, with very few exceptions, on American soil is an American citizen.
And so we always understood that the administration's legal arguments in defense of this executive order were going to be potentially tough sledding.
before the entire judiciary.
So take us into these oral arguments and how they unfold.
And let's start with the administration's lawyer.
We will hear argument this morning in case 25365, Trump versus Barbara.
General Sauer.
Mr. Chief Justice, and may it please the court.
The Citizenship Clause was adopted just after the Civil War to grant citizenship to the newly freed slaves and their children.
In 1984, this court recognized that subject to the jurisdiction means owing direct and immediate allegiance.
The clause thus does not extend citizenship to the children of temporary visa holders or illegal aliens.
Unrestricted birthright citizenship contradicts the practice of the overwhelming majority of modern nations.
It demeans the priceless and profound gift of American citizenship.
And why, according to Sauer, the president's solicitor general, is that the case?
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 court says at the very beginning of its opinion, here are the accepted facts.
These are lawfully domiciled here.