Olivier Douliery\/AFP via Getty Images<\/span><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\nJustice Elena Kagan similarly voices concerns about the sources cited by the Trump administration.\u00a0<\/p>\n
“You’re using some pretty obscure sources to get to this concept,” she said.\u00a0<\/p>\n
Justice Samuel Alito initiated a discussion on “illegal immigration” by noting that it was “something that was basically unknown” at the time when the 14th amendment was adopted in the 1860s.\u00a0<\/p>\n
“What we’re dealing with here is something that was basically unknown at the time when the 14th Amendment was adopted, which is illegal immigration,” Alito said. “So how do we deal with that situation when we have a general rule?”<\/p>\n
Sauer responded by agreeing with Alito, saying that “illegal immigration did not exist [then],” and “the problem of temporary visitors didn’t exist.”<\/p>\n
Sauer pointed to “commentators” from 1881 to 1922 who, he claimed, were “uniformly saying the children of temporary visitors are not included.” He argued that this logic “naturally extends” to those who enter the country illegally.<\/p>\n
Justice Elena Kagan challenged Sauer’s argument on immigration, saying his arguments in his brief did not focus on “illegal immigration.”<\/p>\n
“Most of your brief is about people who are just temporarily in the country where there was quite clearly an experience of an understanding that there were going to be temporary inhabitants,” Kagan said. “And your whole theory of the case is built on that group.”<\/p>\n
“You don’t get to talking about undocumented persons until quite later, and at much lesser … I think it’s like 10 pages to three pages or something like that,” she said.<\/p>\n
Sauer began his arguments by arguing that the longstanding understanding of the 14th Amendment is incorrect.\u00a0<\/p>\n
“The citizenship clause was adopted just after the Civil War to grant citizenship to the newly freed slaves and their children whose allegiance to the United States had been established by generations of domicile. Here, it did not grant citizenship to the children of temporary visitors or illegal aliens who have no such allegiance,” he said.\u00a0<\/p>\n
In his opening statements, Sauer laid out one of the Trump administration’s key arguments about why birthright citizenship should not be extended to the children of undocumented immigrants, claiming that if it remains “unrestricted” it will continue to be a “pull factor for illegal immigration” and would “reward” immigrants who violate immigration laws.\u00a0<\/p>\n
“It has spawned a sprawling industry of birth tourism as uncounted thousands of foreigners from potentially hostile nations have flocked to give birth in the United States in recent decades, creating a whole generation of American citizens abroad with no meaningful ties to the United States,” Sauer said.\u00a0<\/p>\n
In a statement this morning, ACLU Executive Director Anthony D. Romero addressed Trump’s attendance at the proceedings, saying he will “watch the ACLU school him in the meaning of the Constitution and birthright citizenship.”\u00a0<\/p>\n
“Any effort to distract from the gravity and importance of this case will not succeed. The Supreme Court is up to the task of interpreting and defending the Constitution even under the glare of a sitting president a couple dozen feet away from them,”\u00a0he said.\u00a0<\/p>\n
Although the proceedings should provide a sense of how interested the judges are in Trump’s reinterpretation of the 14th Amendment, a ruling in the case isn’t expected until the end of June.<\/p>\n
This is a developing story. Please check back for updates.<\/em><\/p>\n<\/div>\n
\n
Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Solicitor General D. John Sauer got a somewhat frosty reception from at least two key Supreme Court Justices — Chief Justice John Roberts and Associate […]<\/p>\n","protected":false},"author":1,"featured_media":348735,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2052,17880,7441,1750,13679,10839,19844,609,22811,4914,173],"class_list":["post-348732","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-ambassadors","tag-amy-coney-barrett","tag-chief-justice","tag-director","tag-john-roberts","tag-john-sauer","tag-ketanji-brown-jackson","tag-president","tag-solicitor","tag-trump-administration","tag-united-states"],"_links":{"self":[{"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/posts\/348732","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/comments?post=348732"}],"version-history":[{"count":2,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/posts\/348732\/revisions"}],"predecessor-version":[{"id":348734,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/posts\/348732\/revisions\/348734"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/media\/348735"}],"wp:attachment":[{"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/media?parent=348732"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/categories?post=348732"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.etrafficlane.com\/60dollarmiracle\/wp-json\/wp\/v2\/tags?post=348732"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"PHOTO:](\"https:\/\/i.abcnewsfe.com\/a\/5473e04a-a643-4a84-9c2a-cea81dba2b7f\/scotus-gty-er-260330_1774902569305_hpMain_2.jpg?w=375 "\\"ambassadors\\"")
<\/picture><\/div>\n<\/div>