What is birthright citizenship?
Birthright citizenship is the constitutional right for all people born in the United States to be granted citizenship.
News / Politics
During Supreme Court oral arguments regarding Donald Trump’s efforts to end birthright citizenship, a concerning issue emerged. The Trump administration’s top appellate lawyer, Solicitor General D. John Sauer, suggested the administration d...
The exchange between Justice Barrett and Solicitor General Sauer highlighted a significant point of contention. Barrett pressed Sauer on whether the administration would comply with a Second Circuit ruling deeming an executive order unconstitutional. Sauer's repeated use of 'generally' suggested a lack of firm commitment to adhering to lower court rulings.
This revelation is particularly alarming given that previous administrations have generally respected circuit precedent, even when seeking to challenge it. The departure from this norm signals a potentially authoritarian approach, where the executive branch may overrule judicial decisions based on its own discretion.
Contrary to Sauer’s claim, this approach deviates from established DOJ policy. Historically, the Justice Department has generally respected circuit precedent, especially in the immediate aftermath of a ruling. The administration's stance erodes the checks and balances that are vital to a functioning democracy.
Birthright citizenship is the constitutional right for all people born in the United States to be granted citizenship.
The hearing addressed Donald Trump's efforts to end birthright citizenship and, more broadly, the administration's approach to complying with lower court orders.
Do you think this approach to court orders will have lasting effects on the legal system? Let us know!
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