Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order |
Supreme Court
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Damon Root | 4.2.2026 9:47 AM
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(Credit: Abaca Press/Douliery Olivier/Abaca/Sipa USA/Newscom)
President Donald Trump made history yesterday at the U.S. Supreme Court when he became the first sitting president on record to attend a SCOTUS oral argument. Unfortunately for Trump, his presence, however attention-grabbing, is unlikely to sway the outcome of a case that he has always deserved to lose.
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At issue in yesterday's oral arguments in Trump v. Barbara is the president's 2025 executive order that purports to deny the constitutional guarantee of birthright citizenship to U.S.-born children whose parents are unlawful immigrants or lawful temporary visitors.
According to Trump's solicitor general, John Sauer, the overriding factor for determining birthright citizenship should be whether or not a newborn's parents were "domiciled" in the United States, a term he defined to mean "lawful presence with the intent to remain permanently."
Yet as Justice Neil Gorsuch pointed out, "you don't see domicile mentioned in the [congressional] debates" over the 14th Amendment, which enshrined birthright citizenship in the Constitution. "We........