During oral arguments Wednesday, Solicitor General John Sauer, whose job is to defend the government in the high court’s cases, ran into resistance from Chief Justice John Roberts.
“Well, it’s a new world. It’s the same Constitution,” Roberts replied.
— Aaron Rupar (@atrupar) April 1, 2026
Later, Justice Amy Coney Barrett, appointed by Trump in 2020, pressed Sauer about an argument he made in a reply brief to the court that the Fourteenth Amendment to the Constitution, which grants citizenship to everyone born in the U.S., applies to the children of slaves brought unlawfully to the U.S. in defiance of laws against the slave trade.
Coney Barrett to Sauer: "You say the purpose of the 14th amendment was to put all newly freed slaves on equal footing and so they would be citizens. But that's not textual." pic.twitter.com/PLqrWOh4Aj
— Aaron Rupar (@atrupar) April 1, 2026The Trump administration’s case is flimsy, and that became evident during oral arguments. In another instance, Sauer stumbled over a question from Justice Neil Gorsuch about whether the Trump administration considers Native Americans birthright citizens under the executive order in question. Trump himself seemed upset with how the arguments went, attending at first but leaving the proceedings halfway through, and then venting, incorrectly, on Truth Social that “we are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!” Perhaps he shouldn’t have tried to directly challenge the Constitution.
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