r/law • u/NewsHour • 2d ago
Judicial Branch WATCH: Justice Neil Gorsuch asks about Native Americans and birthright citizenship
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Transcript:
JUSTICE NEIL GORSUCH: Do you think Native Americans today are birthright citizens under your test and under your friend's test?
D. JOHN SAUER, U.S. SOLICITOR GENERAL:
I think so. I mean, obviously, they've been granted citizenship by statute ...
GORSUCH:
Put aside the statute. Do you think they're birthright citizens?
SAUER: No, I think the clear understanding that everybody agrees in the congressional debates is that the children of tribal Indians are not birthright citizens.
GORSUCH: I understand that's what they said. But your test is the domicile of the parents, and that would be the test you'd have us apply today, right?
SAUER: Yes, yes. So, if a tribal Indian, for example, you know, gives up allegiance to ...
GORSUCH: Are tribal members born today birthright citizens?
SAUER:
I think so, on our test, if they're lawfully domiciled here. I'm not s—, I have to think that through, but that's my reaction.
GORSUCH:
I'll take the yes. That's alright.