SCOTUS Appears Likely to Uphold Birthright Citizenship

The Supreme Court sounded unconvinced Wednesday that a president can unilaterally shrink one of the bedrock promises of the 14th Amendment. In a closely watched case on President Trump's order to restrict birthright citizenship, several justices from across the court's ideological spectrum pressed Solicitor General D. John Sauer on his claim that citizenship at birth should be limited to children of immigrants "domiciled" in the US, the Washington Post reports. The administration argues that children born here to parents without permanent legal status, or on temporary visas, should no longer be automatic citizens—a direct challenge to more than a century of practice.

• The American Civil Liberties Union, representing immigrant plaintiffs, countered that the Constitution's guarantee to "all persons born or naturalized in the United States" has long been understood to cover nearly everyone born on US soil, with narrow exceptions such as children of diplomats and occupying forces. ACLU legal director Cecillia Wang told the court that lawmakers in the 1860s debated immigration and allegiance but still chose a broad rule. "Contrary to the government's arguments, they wanted to grow this country," Wang said.
• Chief Justice John Roberts was among the justices who appeared skeptical of the administration's arguments, NBC News reports. "It's a new world. It's the same Constitution," he said. Other justices voiced practical concerns, including Justice Ketanji Brown Jackson, who asked whether determination of citizenship would be happening "in the delivery room," the AP reports.
• After Sauer argued that children of immigrants who do not owe full allegiance to the US should not gain birthright citizenship, Justice Neil Gorsuch asked, "Do you think Native Americans today are birthright citizens under your test?" The Post reports that Sauer replied, "Uh, I think so on our test, yeah, if they're lawfully domiciled. I'd have to think that through."

• The justices' questioning suggested a majority is wary of dismantling the long-settled reading of the 14th Amendment, though some conservative justices asked Wang some sharp questions, the New York Times reports. Justice Samuel Alito said, "What we're dealing with here is something that was basically unknown at the time when the 14th Amendment was adopted, which is illegal immigration," per NBC. A decision is expected by late June or early July.
• President Trump, the first sitting president to attend Supreme Court arguments, was in the front row of the gallery for around an hour but he left before Wang made her argument, Politico reports.
• In a Truth Social post afterward, Trump said, "We are the only Country in the World STUPID enough to allow 'Birthright' Citizenship!" Almost 40 countries, including Canada, Mexico, and most other countries in the Americas, allow birthright citizenship, the AP notes.