Birthright citizenship- A few Q&A's from SCOTUS to Sauer. Text from Twitter. [View all]
GORSUCH: Do you think Native Americans are birthright citizens under your test?
SAUER: Ah, I think ... so. I have to think that through.
SAUER: We're in a new world where 8 billion people are one plane ride away from having a child who's a US citizen.
JOHN ROBERTS: It's a new world. It's the same Constitution.
Coney Barrett to Sauer: "You say the purpose of the 14th amendment was to put all newly freed slaves on equal footing and so they would be citizens. But that's not textual."
SCOTUS Justice Amy Coney Barrett now appears skeptical of striking down birthright citizenship for illegals
"I can imagine it being messy in some applications."
"What if you don't know who the parents are?"
Gorsuch: Im not sure how much you want to rely on Wong Kim Ark, referring to the watershed SCOTUS precedent protecting birthright citizenship.
He cuttingly refers to the Trump admins reliance on Roman law sources.
Looking predictably bad for Trump.
Barrett: If you're looking at parents and if you're looking at parents domicile, then you have to adjudicate both residents and intent to stay. What if you don't know who the parents are?
Sauer: I think there are marginal cases. That one, I think has the benefit of being addressed in 1401F
Barrett: Yeah, yeah, yeah, yeah. But what about the constitution?