Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.
Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.
During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.
I think I heard a plan to argue the amendment intended “exclusively subject to the jurisdiction”, though that requires a pretty huge “reading between the lines” to just invent that extra term. In such a scenario they would argue citizenship of a foreign nation by way of a parent being able to pass on that citizenship disqualifies then for US citizenship. This means that they couldn’t be left nationless even if that sketchy interpreation prevails.
But the reading of the text pretty much seems clear cut, the only way someone born in US soil could be disqualified is if the US was invaded and it was occupied to the point where US government had no practical authority, like if Japan had kicked out all the US government, judges, and law enforcement to make it clearly obvious there no jurisdiction left…