Barrett notes ‘messy’ outcomes of Trump’s birthright executive order
By Max Rego
Published on April 1, 2026.
Supreme Court Justice Amy Coney Barrett questioned Solicitor General D. John Sauer about the potential "messy" applications of President Trump's executive order on birthright citizenship. The executive order restricts birthright to those born in the U.S. and with at least one parent with citizenship or permanent legal status. Barrett highlighted the difficulty of applying the executive order, citing the common law called foundlings. Sauer countered that there are only marginal cases, citing section 1401(f) of the US. However, Chief Justice John Roberts questioned how the administration is trying to expand restrictions to children of noncitizens who entered the US illegally. The administration argues that the phrase "subject to the jurisdiction thereof" in the 14th Amendment, which grants citizenship to all individuals born in U.
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