the gist, as I understand, is that the argument that was presented is basically “the purpose of the 14th amendment was only to grant citizenship to newly freed slaves; children of parents who do not intend to permanently live in the US, or who still feel allegiance to a foreign country, are not intended to be included.” Barrett’s response was essentially “your argument is self-contradictory. many parents of newly freed slaves did not feel allegiance to the US and wished to return to the countries that they or their ancestors were taken from against their will. the amendment cannot have been intended to both include and exclude their children.”
Trump’s solicitor general was saying the 14th amendment wasn’t intended to cover the children of people here illegally, that it was intended for slaves.
Barrett argued that slaves were brought here illegally, so his basis is flawed.
It goes on about the governments position on domiciled people’s vs jus soli, based on soil, and jus sanguinis, based on descent and how basing citizenship on decent could get confusing very quickly therefore the writers of the 14th amendment clearly intended on jus soli.
So what’s the TLDR? This is paywalled for me.
the gist, as I understand, is that the argument that was presented is basically “the purpose of the 14th amendment was only to grant citizenship to newly freed slaves; children of parents who do not intend to permanently live in the US, or who still feel allegiance to a foreign country, are not intended to be included.” Barrett’s response was essentially “your argument is self-contradictory. many parents of newly freed slaves did not feel allegiance to the US and wished to return to the countries that they or their ancestors were taken from against their will. the amendment cannot have been intended to both include and exclude their children.”
Trump’s solicitor general was saying the 14th amendment wasn’t intended to cover the children of people here illegally, that it was intended for slaves.
Barrett argued that slaves were brought here illegally, so his basis is flawed.
It goes on about the governments position on domiciled people’s vs jus soli, based on soil, and jus sanguinis, based on descent and how basing citizenship on decent could get confusing very quickly therefore the writers of the 14th amendment clearly intended on jus soli.