"Coney Barrett began the exchange by asking, OK, let's talk about its applications. So there are some... I can imagine it being messy on some applications."
"Coney Barrett pressed on, Well, yeah, in personal jurisdiction... I mean, 1332, diversity jurisdiction. And the thing is, it has to be litigated because it turns on intent."
"Sauer answered, I'd say make two points one practical, one legal. The practical point is, under the terms of this executive order, you don't have to, because the executive order turns on objectively ver."
Justice Amy Coney Barrett raised concerns about the practical implications of ending birthright citizenship during oral arguments. She inquired about how cases involving foundlings and unknown parentage would be adjudicated. Barrett emphasized the complexities of determining domicile and intent to stay for parents at the time of a child's birth. Solicitor General John Sauer acknowledged the existence of marginal cases and referenced legal standards, but Barrett pressed for clarity on how these situations would be handled under the proposed changes to citizenship laws.
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