The Supreme Court heard oral arguments Wednesday morning on President Donald Trump’s effort to cast off birthright citizenship. It would appear U.S. Solicitor General D. John Sauer, who argued on behalf of the federal government, was rather less than ready.
Asked by Justice Neil Gorsuch, who has an intensive authorized background in tribal rights, if Native Americans would qualify for birthright citizenship below Trump’s govt order, Sauer was caught flat-footed: “Uhh, I think so?” he mentioned.
“Do you think Native Americans today are birthright citizens under your test?” Gorsuch requested.
“Uhh, I think so?” Sauer mentioned. “I mean, obviously they’re granted citizenship by statute…”
Gorsuch reduce him off: “Put aside the statute. Do you think they’re birthright citizens?”
(The 14th Amendment, which established birthright citizenship, didn’t embody Native Americans. The group wasn’t granted automated citizenship till President Calvin Coolidge signed the Indian Citizenship Act into legislation in 1924.)
After some authorized squabbling, Gorsuch once more repeated his query: “Your test is the domicile of the parents. And that would be the test you’d have us apply today, right? Are tribal [children]born today, birthright citizens?”
Sauer, once more, didn’t have a transparent reply.
“Uhhh, I think so? On our test, yeah,” he mentioned. “I’m not sure. I’d have to think that through. But, but — that’s my reaction.”
“I’ll take the yes,” responded Gorsuch, chuckling.
https://www.huffpost.com/entry/gorsuch-birthright-native-american-citizens_n_69cd6a7fe4b0332f12c130eb