US EditionGorsuch asks Sauer if Native Americans are birthright citizens
Justices pressed the administration on whether its domicile test would exclude children of tribal members and other U.S.-born citizens, with Trump watching from the front row.
- President Donald Trump attended Supreme Court arguments on Wednesday as Solicitor General D. John Sauer argued the 14th Amendment does not apply to children of undocumented immigrants or temporary visa holders.
- Sauer argued the 1898 Wong Kim Ark precedent should be narrowly interpreted, claiming it grants citizenship only to children of lawful permanent residents, not temporary visitors or undocumented immigrants.
- Justice Neil Gorsuch pressed Sauer on whether Native Americans are birthright citizens under his domicile test. "I think so, on our test, if they're lawfully domiciled here," Sauer responded, audibly thrown off.
- Following the arguments, Trump took to Truth Social to declare, "We are the only Country in the World STUPID enough to allow Birthright Citizenship!" criticizing the existing framework.
- Chief Justice John Roberts called the government's supporting examples "very quirky," while Justice Amy Coney Barrett warned reinterpreting the 14th Amendment could prove "messy" in application.
12 Articles
12 Articles
Solicitor General Sparks Alarm After Telling Supreme Court He's 'Not Sure' If Native Americans Are Birthright Citizens
The relationship between Indigenous American nations and the colonizers and settlers who arrived and established the United States is complicated. Indigenous peoples were integral parts of the survival and success of early colonizers. The Haudenosaunee Confederacy offered a blueprint for the United States Constitution and the structure of the federal government including the three independent branches offering checks and balances, ideally.Indige…
Trump Lawyer Struggles with Supreme Court's Question About Whether Native Americans Are Birthright Citizens: 'Uh, I Think So?'
The justices appeared largely unmoved by the government's argument that President Donald Trump’s executive order to end birthright citizenship does not violate the Constitution Credit: Tom Williams/CQ-Roll Call, Inc/Getty;OLIVIER DOULIERY/AFP/GettyNEED TO KNOWSolicitor General D. John Sauer struggled to say during arguments before the Supreme Court on Wednesday, April 1, whether Native Americans are birthright citizens under President Donald Tru…
‘Is he a DEI hire?’: Trump solicitor general savaged after muffing birthright citizenship question
Donald Trump’s solicitor general is being savaged online after he was flustered by a basic question Wednesday from U.S. Supreme Court Justice Neil Gorsuch during oral arguments on the president’s executive order to end birthright citizenship.
Gorsuch asks Sauer if Native Americans are birthright citizens
Solicitor General D. John Sauer was pressed by Supreme Court Justice Neil Gorsuch on whether Native Americans should be considered birthright citizens, and after some hesitation, he answered in the affirmative, citing the Indian Citizenship Act of 1924.
'I'll Have To Think About It': Trump Solicitor General Stumbles When Asked If Native Americans Qualify As Birthright Citizens
A moment of hesitation by the Trump administration's top Supreme Court lawyer has drawn fresh scrutiny to the legal foundations of a controversial effort to redefine birthright citizenship in the United States. During a closely watched hearing on 01 Apr 2026, US Solicitor General D. John Sauer briefly faltered when Justice Neil Gorsuch asked a seemingly simple question: whether Native Americans would qualify as birthright citizens under the admi…
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