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Birthright Citizenship

The Birthright Citizenship Question that Stumped the Solicitor General

It was surprising that the Solicitor General did not appear to have thought much legislative power under Section 5.

Jonathan H. Adler | 4.9.2026 12:36 PM

In reviewing the Supreme Court oral argument in United States v. Barbara, in which the justices considered the lawfulness of President Trump's anti-birthright-citizenship Executive Order, I was struck by an exchange in which a fairly obvious question seemed to catch the SG off guard.

Justice Kavanaugh asked the Solicitor General about the extent to which Congress might have authority to modify the contours of birthright........

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