When I was listening to the arguments, Gorsuch was questioning Cecilia Ware, and later (I was in and out of my car), it Justice Sotomayor. Ware was treated respectfully by Gorsuch, and acquitted herself well, and went on to cite footnotes and page numbers in cases related to Wong Kim Ark. She repeatedly clarified the three groups excluded from immediate coverage by the 14th, which included native Americans.
The Solicitor General had not done as well before I’d tuned in:
GORSUCH: Do you think Native Americans are birthright citizens under your test?
— Aaron Rupar (@atrupar) April 1, 2026
SAUER: Ah, I think ... so. I have to think that through. pic.twitter.com/9OxV0ZBlRi
This is how bad that was for Sauer:
Sauer really didn’t have a good day.Today Native Americans do NOT obtain birthright citizenship through the 14th Amendment. They only get citizenship through a 1924 law.
— Aaron Reichlin-Melnick (@ReichlinMelnick) April 1, 2026
Gorsuch got the SG to admit that if the Trump admin's argument is right, Native Americans probably would have birthright citizenship under 14A. https://t.co/uSyPHmBpNP
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.
— Aaron Rupar (@atrupar) April 1, 2026
JOHN ROBERTS: It's a new world. It's the same Constitution. pic.twitter.com/D0YUGnTxqw
Maybe he didn’t like the way they treated Sauer.CNN: We're told President Trump has just left the Supreme Court pic.twitter.com/IpOgrr1Zpw
— Acyn (@Acyn) April 1, 2026
Or it was that.Ifill: Yes, President Trump did show up and sat discreetly in the back. I think it was a good lesson for him—there are just places in which he is very small. pic.twitter.com/fnP3nIOx0T
— Acyn (@Acyn) April 1, 2026
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