The Supreme Court is casting doubt on President Donald Trump’s restrictions on birthright citizenship in a consequential case that was magnified by Trump’s unparalleled presence in the courtroom.
Conservative and liberal justices on Wednesday questioned whether Trump’s order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens comports with either the Constitution or federal law.
Trump, the first sitting president to attend arguments at the nation’s highest court, spent just over an hour inside the courtroom for arguments made by the Republican administration’s top Supreme Court lawyer, Solicitor General D. John Sauer. The president departed shortly after lawyer Cecillia Wang began her presentation in defense of broad birthright citizenship.
Trump heard Sauer face one skeptical question after another. Justices asked about the legal basis for the order and voiced more practical concerns.
“Is this happening in the delivery room?” Justice Ketanji Brown Jackson asked, drilling down into the logistics of how the government would actually figure out who’s entitled to citizenship and who’s not.
Justice Clarence Thomas sounded the most likely among the nine justices to side with Trump.
“How much of the debates around the 14th Amendment had anything to do with immigration?” Thomas asked, pointing out that the purpose of the amendment was to grant citizenship to Black people, including freed slaves.
