Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.
Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.
During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.
That’s not how it would work at all. They’d be nationless. You do not want to be nationless.
They would be without citizenship, yes, but they would also be legally outside of the jurisdiction of the United States. They could literally do anything and not get arrested. It would be like everywhere they go they’re standing on international waters.
That’s not what happens. If you’re nationless the fact is that any country may abuse you and no country will stand up for you. It’s a very powerless position to be in. To say “aha, but your laws don’t apply* is wrong (laws apply to everyone in the country except those with diplomatic immunity, which is the opposite of being stateless) and has a"sovereign citizen” flavor about it.
That’s the literal definition of jurisdiction.
ju·ris·dic·tion /ˌjo͝orəsˈdikSHən/ noun
the official power to make legal decisions and judgments.
The United States can only enforce its laws on those that are within its jurisdiction. It’s exactly the same as entering a foreign consulate or pulling over a foreign diplomat. There is literally nothing they can legally do to them.
To your point, if they ever chose to leave, they would never be allowed re-entry.
You can not just do anything if your nationless. Where are you getting this absurd idea from? At best you get stuck in an ok jail somewhere for eternity. You have NO Rights, at all, if you are nationless.
You can if you are outside of the jurisdiction of the presiding government body. You’re untouchable by the law of the land. That’s literally what jurisdiction means.
I think I heard a plan to argue the amendment intended “exclusively subject to the jurisdiction”, though that requires a pretty huge “reading between the lines” to just invent that extra term. In such a scenario they would argue citizenship of a foreign nation by way of a parent being able to pass on that citizenship disqualifies then for US citizenship. This means that they couldn’t be left nationless even if that sketchy interpreation prevails.
But the reading of the text pretty much seems clear cut, the only way someone born in US soil could be disqualified is if the US was invaded and it was occupied to the point where US government had no practical authority, like if Japan had kicked out all the US government, judges, and law enforcement to make it clearly obvious there no jurisdiction left…
