Solicitor General John Sauer engaged in a heated exchange with Justice Ketanji Brown Jackson on Wednesday while the Supreme Court deliberated over the Trump administration’s position on birthright citizenship. Jackson scrutinized Sauer’s interpretation, suggesting it conflicts with established history and legal precedents.
Jackson articulated the administration’s stance, highlighting two critical assumptions about the framers’ intent concerning citizenship under the 14th Amendment. She indicated that Sauer would need to overcome significant challenges to justify these premises.
“Good morning, general. Your position seems to hinge on two main ideas. First, that the framers did not adopt the common law understanding of birthright citizenship. Second, that they intentionally deviated from this understanding in favor of a domicile-based approach. Addressing these points won’t be easy,” Jackson remarked.
Continuing her argument, Jackson referenced early Supreme Court cases to assert that the concept of “allegiance” was already linked to territorial jurisdiction rather than a vague notion of personal loyalty.
“For instance, in the Schooner Exchange case from 1812, the court appeared to accept that the allegiance discussed was aligned with the English common law concept, meaning that you are under the jurisdiction’s protection,” she elaborated.
Jackson contended that Sauer’s interpretation of “allegiance” contradicts this historical understanding. She pressed him to clarify why the court should disregard the established definition that the framers were likely adopting.
“You argue that allegiance pertains to loyalty, yet if the Supreme Court had previously defined allegiance according to common law, your initial challenge is to justify why we should believe the framers of the 14th Amendment departed from that existing interpretation,” she stated.
The tension during this exchange was palpable, marking one of the more contentious aspects of the hearing as the justices assessed the administration’s attempt to limit automatic citizenship for those born in the U.S. under the 14th Amendment.
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