Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.
Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.
During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.
Maybe you’re technically and logically correct (I don’t know enough to say) but they could and would still arrest them regardless and there’s not much that can be done about that. A private citizen that’s stateless is de-facto defenseless against the government while a diplomat is backed by an entire government.
The UN is supposed to help prevent citizens from being rendered stateless as well, but it happens in smaller countries regardless. If the US does it, unfortunately I don’t see the UN doing enough to stop it.
My point isn’t about what the government would do to them regardless of the law. It’s that SCOTUS cannot interpret the 14th Amendment in that way without deeming those individuals to be outside the jurisdiction of the United States, making it an entirely problematic interpretation.