Trump-Appointed SCOTUS Justice Dunks on Solicitor General's Argument: Not Seeing' the Constitutional Relevance'

"Kavanaugh stated, 'You've mentioned several times the practices of other countries and that obviously as a policy matter supports what you are arguing here. Obviously we try to interpret American law with American precedent based on American history.'"

"'So why should we be thinking about, as a policy matter I get the point, thinking about Gee, European countries don't have this, or most other countries, many other countries in the world don't have this, doesn't that-, I guess I'm not seeing the relevance as a legal constitutional interpretive matter necessarily.'"

During oral arguments regarding birthright citizenship, Justice Kavanaugh challenged U.S. Solicitor General John Sauer's comparisons of the 14th Amendment to laws in other nations. Kavanaugh expressed skepticism about the constitutional relevance of such comparisons, emphasizing the importance of interpreting American law based on American precedent and history. Sauer argued that unrestricted birthright citizenship undermines the value of American citizenship and contributes to birth tourism. Kavanaugh acknowledged the policy implications but questioned their legal significance in the case.

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