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Dear Justice Roberts: The ‘Same Constitution’ Would Never Authorize Anchor Babies

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Supreme Court Chief Justice John Roberts’ “same Constitution” line during Wednesday’s oral arguments over birthright citizenship at first sounded like a defense of originalism. But in fact, it was the exact opposite.

The high court heard oral arguments Wednesday in Trump v. Barbara, a case challenging the president’s 2025 executive order restricting birthright citizenship. U.S. Solicitor General John Sauer, arguing for the administration, pointed out that the world that existed when the 14th Amendment was ratified is not the world that currently exists. “Eight billion people are one plane ride away from having a child who is a U.S. citizen,” Sauer pointed out.

Roberts responded with what was seemingly an attempt to posture himself as a principled originalist, saying that while it may be a “new world, it’s the same........

© The Federalist