Top 10 Other Preposterous Arguments Solicitor General D. John Sauer Made to SCOTUS to Overturn Birthright Citizenship

Friedman of the Plains Friday List for . . . April 3rd, 2026

From the bulwark.com:

Sauer’s tortured argument went something like this: The word “jurisdiction” doesn’t mean what jurisdiction has always been understood to mean (i.e., authority). Instead, it means “allegiance.” But by allegiance, it does not mean “loyalty,” presumably because that would require identifying the subjective allegiance of newborns, which is an impossible task. Rather, allegiance means “domicile.” By “domicile,” Sauer continued, the word “jurisdiction” actually means lawful presence in the United States plus an intent to remain. But because intent to remain gets into the same newborn conundrum, “jurisdiction” really only cares about the part of “domicile” focusing on lawful presence. If a newborn’s parents were not lawfully present in the United States then their child cannot be domiciled there, so the baby cannot be subject to the jurisdiction thereof, and thus cannot benefit from birthright citizenship.

“Justices, most of you have President Donald J. Trump to thank for your careers. I just want to start by reminding you of that.”

“We have people from shithole countries, pardon my French, coming to America and having sexual relations just so they can have children who will someday vote to removed a great man like Donald J. Trump as president or someone he chooses to succeed him, which is another thing we think needs to change in the Constitution. But that’s for another day.”

“I know it’s highly unusual, but the president is in the courtroom. OK with you guys if he says a few words? He really wants to. I told him I’d ask.”