Barrett’s Question Undermines Birthright Citizenship Case
During Supreme Court arguments regarding birthright citizenship, a majority of justices expressed strong skepticism towards President Trump’s executive order. Justice Amy Coney Barrett’s questioning of Solicitor General John Sauer, particularly concerning his theory of “domicile” and “allegiance,” appeared to seal the administration’s loss. Barrett highlighted the historical context of the 14th Amendment, questioning how Sauer’s theory could reconcile with granting citizenship to formerly enslaved people, whose circumstances did not align with notions of voluntary domicile. Ultimately, the exchange suggested that the justices favored a simpler, “jus soli” approach to citizenship, based on place of birth, over the complex familial and allegiances proposed by the government.
John Q. Hosedrinker