...where the lawyer for the appellees (or it may have been Justice Sotomayor, or Kagan) noted that, in Wong Kim Ark the court specifically said that the U.S. does not look to other countries for how to interpret our 14th Amendment.Trump: We are the only Country in the World STUPID enough to allow "Birthright" Citizenship! pic.twitter.com/SftBjejoG7
— Acyn (@Acyn) April 1, 2026
And 81 countries allow some form of birthright citizenship. The rule of thumb is that Trump is as ignorant as a stump.
And the 14th amendment didn’t create birthright citizenship sui generis; it was the rule prior to ratification. Section 1 of the 14th just made the rule apply explicitly to slaves, freed by the 13th Amendment. Explicitly by making the rule apply to everyone (with three group exceptions, as was noted in the argument) born in America.
Trump’s going to lose, and he knows it. (Wait’ll he can’t get a hearing on his EO regarding mail in voting before the term ends.) As Professor Vladeck put it:
Sounds like President Trump left the oral argument at the end of Solicitor General Sauer's presentation.And his prediction;
7-2 to block the executive order; maybe 8-1.I only listened to portions of the argument. It seemed to me the justices were exercising their academic muscles, engaging in discussions of very fine points of law, but not Alito- or Scalia-esque flights of fancy (which sounds “smart” to people who don’t know what the issues really are). Enjoying themselves, IOW. Granted I only heard excerpts from Gorsuch, Sotomayor, and Kagan questioning Cecilia Wang (who did an excellent job). Imagining Trump there was like imagining a dog at a symphony concert. Or maybe a 🐀 is the more apt analogy. 🤔
This wasn't (and won't be) close.
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