Justices’ Questions Reveal the Stupidity of the Case Against Birthright Citizenship
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By Kim Wehle
Published on April 2, 2026.
The case against birthright citizenship is being heard before the Supreme Court in a case about whether the Fourteenth Amendment’s Citizenship Clause is still valid. The president of the United States, Donald Trump, was present during the hearing, but this did not stop the justices from questioning Solicitor General John Sauer about the absurdity of the government's position. Sauer argued that the Constitution's language does not mention parents, it only mentions those born in the United US. He also argued that "allegiance" does not mean "loyalty," but it means "domicile". If a newborn's parents were not legally present in the US, their child cannot be domiciled there, so the baby cannot be subject to the jurisdiction of the jurisdiction thereof. The case was dismissed by the justices, three of whom Sauer appointed, who highlighted the arbitrariness of the executive order and the unworkability of Sauer's interpretation of the Citizenship Clause.
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