Donald Trump’s legal case against birthright citizenship is not being received well by conservative justices on the Supreme Court.
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.
“We’re in a new world now … where 8 billion people are one plane ride away from having a child who is a U.S. citizen,” Sauer tried to argue. Roberts quickly shot that point down.
“Well, it’s a new world. It’s the same Constitution,” Roberts replied.
SAUER: We're in a new world where 8 billion people are one plane ride away from having a child who's a US citizen.JOHN ROBERTS: It's a new world. It's the same Constitution. pic.twitter.com/D0YUGnTxqw
— Aaron Rupar (@atrupar) April 1, 2026Later, 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.
“You can imagine that their parents were not only brought here in violation of United States law, but were here against their will and so maybe felt allegiance to the countries where they were from, and you say that the purpose of the Fourteenth Amendment was to put all … newly freed slaves on equal footing, and so they would be citizens,” Barrett said. “But that’s not textual, so how do you get there?”
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, 2026Sauer’s response was to claim that nineteenth century antebellum law said that while bringing slaves into the country was unlawful, their presence in the country wasn’t against the law. It’s a weird argument to make considering that the Trump administration is trying to deny citizenship to the children of undocumented immigrants and those without permanent residency.
The 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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