Amanda Frost

“We’re in a new world now,” Solicitor General John Sauer told the U.S. Supreme Court during oral argument this April in the birthright-citizenship case Trump v. Barbara, “where 8 billion people are one plane ride away from having a child who’s a U.S. citizen.” Chief Justice John Roberts quickly shot him down, replying, “Well, it’s a new world,” but it’s “the same Constitution.

Forty-six minutes into the Supreme Court’s oral argument in the birthright-citizenship litigation, Solicitor General D. John Sauer got a question he couldn’t answer. Arguing on behalf of the government, Sauer wants the Court to prohibit nationwide injunctions, allowing President Donald Trump’s executive order ending birthright citizenship—along with many of his other policies—to go into effect.