"JUSTICE NEIL GORSUCH: I'm just working within your argument for a moment. Today you can point to laws against immigration that are much more restrictive than they were in 1860. We really didn't have laws like that. We do today until maybe 1880. So if somebody showed up here in 1868 and established domicile, that was perfectly fine without respect to any immigration laws."
"JUSTICE NEIL GORSUCH: But that's 1898. Now I'm looking at 1868, you're telling me is when I should look, and the test for domicile. And the stuff you have about unlawfully present, it's like Roman law sources you're going."
During oral arguments in the birthright citizenship case, Justice Neil Gorsuch criticized Solicitor General John Sauer's citations, particularly those based on Roman law. Gorsuch pointed out that immigration laws were significantly different in 1868 compared to today. He questioned the applicability of Sauer's references, suggesting that the legality of someone's presence should not affect their citizenship status. Chief Justice John Roberts also expressed skepticism towards Sauer's arguments, indicating a challenging atmosphere for the Solicitor General during the proceedings.
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