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by Sharon Rondeau

(May 15, 2025) — At approximately 10:38 a.m. EDT, this writer was able to access audio of oral arguments being presented in three cases challenging President Trump’s executive order expressing his interpretation of “birthright citizenship” as excluding children born in the U.S. to illegal aliens or to individuals sojourning within its borders.

A key focus of the litigation is whether a district court judge can issue an injunction affecting the entire country, as occurred in the three cases currently before the Court.

The hearing was scheduled for 10:00 a.m.; whether there was a delay or technical problems is unknown as of this writing.

A link to the hearing is here: https://www.supremecourt.gov/; scroll down to the green “Live” button.

As of 10:49, Associate Justice Sonia Sotomayor is questioning the administration on the history of the 14th Amendment, the crux of the “birthright citizenship” issue.

Plaintiffs in the cases argue the 14th Amendment bestows citizenship on virtually every child born in the U.S., regardless of his or her parents’ status, while the executive order states, “…the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.  The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’  Consistent with this understanding, the Congress has further specified through legislation that ‘a person born in the United States, and subject to the jurisdiction thereof’ is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.”

Sotomayor opined to Solicitor General Dean John Sauer that “the government” has “lost” in the lower courts. “Every court has ruled against you,” she said at 10:53. “The government has no incentive to bring this case to the Supreme Court…,” she said, referring to the underlying “birthright” issue.

Associate Justice Brett Kavanaugh predicted if the administration were to “win” the litigation, an explosion in “classes” of people filing suits would occur.

Sauer maintained Supreme Court “Rule 23” is the justification for the administration’s argument.

“There is a tradition of equity in this country…,” he said.

Kavanaugh then asked about the “30-day” holding period in the EO as it was originally written. If the administration were to “win,” Sauer responded, the 30-day period would then commence.

“Do you think they can get it together in time?” Kavanaugh asked, referring to the states if the administration prevailed and the 30-day period were to launch, imposing a change on their processes when considering citizenship for newborns, to which Sauer answered in the affirmative.

Oral argument was scheduled for 60 minutes.


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Friday, June 27, 2025 12:29 PM

[…] January 20, 2025, one of the first executive orders Trump signed was to declare birthright citizenship a violation of the intent of the 14th […]

Jonathan David Mooers
Saturday, May 17, 2025 9:40 AM

https://www.westernjournal.com/clarence-thomas-makes-point-day-supreme-court-hears-arguments-birthright-citizenship-case/?utm_source=email&utm_medium=top-news-alert&utm_campaign=news-alert&utm_content=2025-05-16

  1. “We the [legal U.S. citizen] People”, not “Thee the [tax-paid-for employees] Government”, are the first/tallest/boldest/printed words of the original quill-penned U.S. Constitution, and, therefore,We the [legal U.S. citizen] People” are ultimately responsible for all affairs within our sovereign U.S. borders, not our government employees alone, who only exist for our consented administrative convenience.
  2. From 1825 to 08-28-08, all previous “We the [legal U.S. citizen] People” interpreted “natural born Citizen” (nbC)-presidential qualifier to mean, essentially, “a child who is born within a sole-U.S.-jurisdiction to U.S.-citizen-parents who possess no disclosed foreign-citizenships/allegiances/obligations”; the DNC-nbC-COUP of 08-28-08 usurped some 183 continuous years of previous “We the [legal U.S. citizen] People” interpretation of nbC!
  3. From 1868 to the 1960’s, some 92 continuous years, “We the [legal U.S. citizen] People” interpreted the 14th Amendment to mean, essentially, “born U.S.-slaves and their born-U.S.-children shall all be full U.S. citizens”; sometime in the 1960’s, however, this previous interpretation was usurped/exploded to mean “any person born on U.S. soil is automatically a full U.S. citizen”!
  4. From 1789 until 2007, district judges ruled locally within their jurisdictions, to determine the fate, and injunctions, of various plaintiffs in their caseloads; however, around 2007 “We the [legal U.S. citizen] People” had their previous 218 continuous years of interpreting the local limitations of district judges usurped/exploded to allow district judges to render nationwide injunctions!

“We the [legal U.S. citizen] People” of the past versus today’s “We the People” is what the U.S. Supreme Court MUST soon judge upon, or else, We the People on Main Street USA, YOU and me, MUST demand past generations of interpretations herein be honored, in spite of a possible “U.S. Supreme Criminals'” contrary usurpation-rulings in 2025!

Ted
Friday, May 16, 2025 4:59 PM

Illegal Aliens aren’t subject to the complete jurisdiction of the United States; The US couldn’t conscript an illegal alien into the US armed forces if a draft were conducted. Additionally, Congress the entity that is responsible for declaring what US Citizenship said in 2008 with Resolution 511 that Natural Born Citizens are the children of American parents. This is why Kamala Harris isn’t a Natural Born Citizen and had she won in 2024 Congress would’ve been faced with legal challenges along with a very awkward proposition of certifying an election of a candidate who can’t meet the standard of their own resolution.

Phantom_II_Phixer
Thursday, May 15, 2025 4:49 PM

President Trump’s Executive Order 14160, dated January 20, 2025, Protecting the Meaning and Value of American Citizenship falls short of a peck of apples. Thus, the current hearings in this US Supreme Court decision will be greatly biased by not including all factors to make a Constitutional decision.

EO 14160 fails to identify children born of two (2) foreign parents who are currently not US citizens under any circumstance. All children born in the USA where both parents are not USA citizens are not eligible for automatic citizen status, regardless if the parents are here legally in the USA to eventually naturalize, whether they are here legally under temporary visa status, or whether they are here illegally.

This listed URL contains the below four paragraphs, verbatim citing important Congressional debates prior to both The Civil Rights Act legislation of 1866 and the 14th Amendment. 
http://www.usnaturalborncitizen.com/14thamendment.html

Prior to Wong Kim Ark in 1898, this was the law of the land with respect to the 14th. The Supreme Court in Inglis v. Trustees (1830) and Elk v. Wilkins (1884) ruled that a child born on U.S. soil, of a father who owes allegiance to a sovereignty other than the United States, is not a U.S. citizen at birth; and that the citizenship of such a child is that of its father, not its place of birth.

Even if Wong is the deciding ruling on citizenship, despite popular belief, the 14th Amendment does not convey the status of “natural born Citizen” on anyone in its text. It just conveys the status of “Citizen”. Bingham explains above the difference between a 14th Amendment Citizen and a Natural Born Citizen.

And it’s very clear that in the pre-amendment Constitution, the Framers made a distinction between a “Citizen” and a “Natural Born Citizen”. The requirement to be a Senator or Representative is “Citizen”, but the requirement to be President is “Natural Born Citizen”.

Constitutionally, only those born or naturalized in the United States and subject to the jurisdiction thereof, are citizens. Const.Amdt. XIV. The power to fix and determine the rules of naturalization is vested in Congress. Const.Art. I, sec. 8, cl. 4. Since all persons born outside of the United States, are “foreigners,”[10] and not subject to the jurisdiction of the United States, the statutes, such as § 1993 and 8 U.S.C.A. § 601, derive their validity from the naturalization power of the Congress. Elk v. Wilkins, 1884, 112 U.S. 94, 101, 5 S. Ct. 41, 28 L. Ed. 643; Wong Kim Ark v. U. S., 1898, 169 U.S. 649, 702, 18 S. Ct. 456, 42 L. Ed. 890.

Robert Kalebra
Reply to  Phantom_II_Phixer
Thursday, May 15, 2025 11:54 PM

Very well written