Birthright citizenship: 20 questions for the solicitor general

The article poses a series of critical questions to the Solicitor General regarding President Trump's executive order on birthright citizenship. Here are some key points and potential answers based on legal principles and precedents:

1. Textual Interpretation

Question: Is there any plausible reading of Section 1401(a) that excludes all the sorts of children you now seek to exclude?

• Potential Answer: The text of Section 1401(a) has been interpreted consistently over decades, and no prior administration or prominent legal scholar has proposed such a restrictive interpretation. The statute's plain language does not support excluding these categories of children.

2. Historical Context

Question: Did any prominent person in 1952 – in any branch of government – read Section 1401(a) as you now do, to exclude all the sorts of children you now seek to exclude?

• Potential Answer: Historical records and contemporaneous interpretations indicate that no one at the time of the statute's enactment or shortly thereafter interpreted it this way. The consistent practice over decades suggests a settled understanding.

3. Executive Branch Practice

Question: Why is Trump the first president ever to read

Read the full article at SCOTUSblog

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