Chief justice burns DOJ lawyer for 'it's a new world' line after admission that 'no one knows' how big a problem 'birth tourism' is 'for sure'

With the commandant successful main successful attendance, a erstwhile lawyer for President Donald Trump turned high-ranking DOJ authoritative was concisely taken aback Wednesday erstwhile the main justness of the Supreme Court sharply parried his one-liner astir a "new world" crying retired to extremity birthright citizenship arsenic we cognize it.

Early successful arguments, U.S. Solicitor General D. John Sauer attempted to marque the lawsuit earlier the bulk blimpish tribunal that times person changed and, thus, a caller speechmaking of the instrumentality of the onshore is needed to enactment the Trump administration's migration argumentation aims, arsenic articulated successful his executive order to support the "meaning and worth of American citizenship."

Under the citizenship clause of the 14th Amendment, "[a]ll persons calved oregon naturalized successful the United States and taxable to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," other than the children of overseas diplomats, with few exceptions.

In Trump v. Barbara, the medication claimed that "near-automatic" birthright citizenship has led to aggregate "problems," whether nationalist information concerns oregon a "modern 'birth tourism'" industry, whereby "foreigners question to the United States solely for the intent of giving commencement present and obtaining citizenship for their children." The president has referred to those children arsenic "anchor babies."

Chief Justice John Roberts, portion seemingly not seeing it arsenic applicable to deciding the ineligible question astatine hand, nevertheless thought it would beryllium bully to cognize however large of a occupation "birth tourism" is successful reality. He did not get that answer.

"Do you person immoderate accusation astir however communal that it is oregon however important a occupation it is?" Roberts asked.

"No 1 knows for sure," Sauer answered, earlier referring to "media reports" and estimates of implicit a cardinal examples from China alone, with hundreds of "birth tourism" companies, and immoderate Russian elite "hot spots" successful Miami.

WATCH: Chief Justice John Roberts asks the U.S. solicitor wide astir commencement tourism:

D. John Sauer: "We're successful a caller satellite present … wherever 8 cardinal radical are 1 level thrust distant from having a kid who's a U.S. citizen."

Roberts: "Well, it's a caller world. It's the same… pic.twitter.com/G68qGH1YfA

— PBS News (@NewsHour) April 1, 2026

It was past that Sauer flirted with living constitutionalism, remarking, "But of course, we're successful a caller satellite now, arsenic Justice Alito pointed retired to you, wherever 8 cardinal radical are 1 level thrust distant from having a kid arsenic a U.S. citizen."

"Well, it's a caller world, but it's the aforesaid Constitution," Roberts fired back.

Seemingly stung, Sauer had to intermission a infinitesimal earlier helium could respond with, "It is."

"And arsenic Justice Scalia said, I deliberation successful the lawsuit that conscionable Alito was referring to, you've got a law proviso that addresses definite evils, and it should beryllium extended to reasonably comparable evils. You said that astir statutory interpretation. I deliberation the aforesaid rule applies here," the solicitor wide finished his thought.

Sauer insisted, arsenic helium did successful his brief, that the "children of aliens temporarily visiting the United States oregon of amerciable aliens" cannot person birthright citizenship erstwhile their parents deficiency "a imperishable domicile." That, the solicitor wide said, is simply a acold outcry from granting citizenship to "freed slaves and their children" aft the Civil War.

Later on, erstwhile Justice Brett Kavanaugh was questioning ACLU lawyer Cecillia Wang, helium said the full ballgame boiled down to whether the tribunal said her speechmaking of precedent was the close one. The ACLU's little emphasized that the 1898 lawsuit of United States v. Wong Kim Ark "correctly interpreted" the citizenship clause to "include children of overseas nationals without respect to parental domicile."

Wong, the lad of Chinese immigrants with "permanent domicil and residence," was barred from reentering the U.S. nether the Chinese Exclusion Act contempt having been calved here. Ultimately, the Supreme Court affirmed that Wong was an American citizen, nether the 14th Amendment.

While it was unclear which mode Kavanaugh was leaning, helium was already envisioning however the lawsuit mightiness extremity successful the ACLU's favor, to the attorney's evident delight.

"I deliberation Mr. Sauer acknowledged, and you mentioned this successful your opening, that if we hold with you connected however to work Wong Kim Ark, past you win," Kavanaugh said. "That could beryllium conscionable a abbreviated opinion, right, that says 'the amended speechmaking is respondents' reading, the authorities doesn't inquire america to overrule, affirmed'?"

"Yes," Wang rapidly replied, to audible laughter successful the courtroom.

That joyful sentiment was not shared by the president.

"We are the lone Country successful the World STUPID capable to let 'Birthright' Citizenship!" Trump posted.