💬 Opinion 3h ago · Jonathan H. Adler

The Birthright Citizenship Question that Stumped the Solicitor General

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In reviewing the Supreme Court oral argument in United States v. Barbara, in which the justices considered the lawfulness of President Trump's anti-birthright-citizenship Executive Order, I was struck by an exchange in which a fairly obvious question seemed to catch the SG off guard.
Justice Kavanaugh asked the Solicitor General about the extent to which Congress might have authority to modify the contours of birthright citizenship, and the SG's response suggested he had never pondered this ques

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