The Supreme Court heard arguments on April 1st regarding the Trump administration’s challenge to birthright citizenship, a practice established by the 14th Amendment. A majority of justices expressed skepticism towards the administration’s stance that children born in the U.S. to parents who are in the country illegally are not automatically citizens.

Skepticism from Across the Bench

Solicitor General D. John Sauer faced rigorous questioning from multiple justices, including several considered conservative. Chief Justice John Roberts, along with Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, pressed Sauer on the foundations of his arguments.

Historical Context and Legal Interpretation

Justice Gorsuch questioned Sauer about immigration laws in effect in 1868, when the 14th Amendment was ratified. He suggested Sauer’s historical sources were outdated, jokingly referencing Roman law. Justice Kavanaugh focused on differences in language between the 14th Amendment and the Civil Rights Act of 1866, stating he didn’t see the legal relevance of Sauer’s comparisons.

Arguments from Both Sides

Sauer argued that the government’s position was consistent with the original understanding of the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Cecillia Wang, legal director of the American Civil Liberties Union, argued against the administration’s position. While facing tough questions from conservative justices like Samuel Alito regarding the intent of the 14th Amendment, she maintained that the amendment’s purpose was to grant citizenship broadly.

Key Points from ACLU's Argument

Under questioning from Justice Kavanaugh, Wang clarified that the phrase “foreign powers” in relation to citizenship exceptions specifically refers to children of ambassadors and diplomats.

Public Response and Rally

Outside the Supreme Court, supporters of birthright citizenship rallied, holding signs reading “Protect Birthright Citizenship” and “14th Amendment.” Anu Joshi, a staff member of the ACLU, emphasized the importance of birthright citizenship, stating, “It’s what makes us America.”

Stephanie Sanchez, a first-generation Mexican-American, shared her personal connection to the issue, saying, “I am a birthright citizen…without birthright citizenship I wouldn’t even have my citizenship in the United States.”

Post-Argument Reactions

Following the arguments, ACLU Executive Director Anthony Romero expressed confidence, stating, “We are fighting for the heart and soul of this country.” He emphasized that the fight for birthright citizenship is about the future, not the past.

Former President Donald Trump attended the oral arguments but left after Sauer concluded his presentation, not remaining for the ACLU’s arguments.