Supreme Court to revisit Trump’s birthright citizenship order
The Justice Department asked the Supreme Court to uphold President Donald Trump’s executive order limiting birthright citizenship. The government cited 19th-century legal writings to argue the Constitution never granted citizenship to children of unauthorized immigrants or temporary visitors.
Solicitor General D. John Sauer referenced Justice Joseph Story multiple times to support the administration’s position. Story died in 1845 before Congress drafted the 14th Amendment. His writings on domicile and jurisdiction contain nuances the government brief omits.
Story defined domicile as where someone lives and intends to return. He never required lawful residence. The story wrote that temporary residents owe allegiance to their country of residence.
Federal courts have blocked the order. The administration argues it restores original constitutional meaning.
