"Sotomayor pressed Sauer on the implications of the executive order, stating, 'You are asking us to overrule Wong Kim Ark... Are you asking us to overrule then our cases, one of which said that a child of illegal aliens was a citizen?'"
"Sotomayor highlighted the historical context by saying, 'The English rule was always by birth. Other countries were not by birth,' challenging Sauer's interpretation of citizenship laws."
"Sauer responded, 'No, first of all, we're not asking you to overrule Wong Kim Ark. We agree with the holding of Wong Kim Ark and much of the reasoning.'"
During oral arguments, Justice Sonia Sotomayor questioned Solicitor General John Sauer about President Trump's executive order to end birthright citizenship. She emphasized the historical context of birthright citizenship, referencing the Wong Kim Ark case, which established citizenship for children of non-citizens. Sotomayor argued against the notion that the English rule differed from the American interpretation, asserting that citizenship by birth was consistent. Sauer maintained that they were not seeking to overrule Wong Kim Ark, but the implications of the executive order raised significant legal questions regarding citizenship rights.
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