Sauer’s underlying theory, on the merits of the case, is that the #14thAmendment’s provision of #BirthrightCitizenship was meant, at the time of its passage, for freed slaves, not #immigrants to the United States.

The admin contends that the #14thAmendment does not extend to #immigrants who are in the country illegally or even to immigrants whose presence is lawful but temporary, such as #university #students or those on work #visas.

The admin argues automatic #BirthrightCitizenship does not reflect the best reading of the 14th Amendment & it encourages "birth tourism" by expectant mothers traveling the US to give birth & secure #citizenship for their children.

"The situation would be very odd indeed if the court concluded that the plaintiffs' view of the merits is correct, yet gave only the individual plaintiffs the benefit of that ruling," Trammell said.

The #14thAmendment states that all "persons born or naturalized in the United States, & subject to the jurisdiction thereof, are citizens of the #UnitedStates & of the state wherein they reside."

The plaintiffs have said the directive violates a right enshrined in the US #Constitution's #14thAmendment, which was ratified in 1868 & long has been understood to confer citizenship to virtually anyone born in the #US.

Trammell noted that the admin has not contested whether the injunctions should have been issued, asking the justices only to scale back their nationwide effect to protect just the plaintiffs in the cases.

[another noteworthy section is on Souter’s confirmation hearings]

When the Senate #Judiciary Cmte hearing began…Senators & reporters quickly realized that Souter was an impressively erudite nominee.…Amid all the concepts & issues he was asked to address, 2…stand out as most revealing: #liberty & #precedent. …Specifically, Souter stressed that in the #DueProcess clause language of the #5thAmendment & #14thAmendment, "the concept of liberty IS NOT LIMITED BY THE SPECIFIC SUBJECTS.”

"I don't know. I'm not, I’m not a lawyer. I don't know," #Trump said, adding that such a requirement would mean "we'd have to have a million or 2 million or 3 million trials."

#law #immigration #CivilRights #DueProcess #5thAmendment #14thAmendment

Read the full transcript of Trump’s intervie with 'Meet the Press' moderator Kristen Welker:

https://www.nbcnews.com/politics/trump-administration/read-full-transcript-president-donald-trump-interviewed-meet-press-mod-rcna203514

#Trump said he was unsure whether people in the #US are entitled to #DueProcess rights guaranteed in the US #Constitution as his admin pushes aggressively to #deport immigrants who are in the country illegally & other non-citizens [& even #citizens].

Kristen Welker asked Trump whether he agreed w/Secy of #State #MarcoRubio, who said last month that "of course" all people in the US are entitled to due process….

#law #immigration #CivilRights #5thAmendment #14thAmendment
https://www.reuters.com/world/us/trump-says-hes-unsure-whether-people-us-are-entitled-due-process-2025-05-04/

The 4th Circuit Court of Appeals cites news articles about #Trump telling #Bukele that "homegrowns are next."

WOW

Judge Wilkinson writes,

"We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos."

Beautiful.