NBC News - The Trump administration on Friday asked the Supreme Court to definitively rule on whether the president’s executive order purporting to end automatic birthright citizenship is constitutional.
The two appeals, arising from cases in Washington state and New Hampshire, will likely determine once and for all whether the contentious proposal can move forward.
It has long been assumed that anyone born on U.S. soil becomes a citizen, with the exception of children of diplomats, as laid out in the Constitution’s 14th Amendment.
The Trump administration’s novel position is that the guarantee does not apply to either temporary visitors who legally entered the country or people who entered the country illegally.
The long-accepted interpretation of a broad right to citizenship that has held sway for more than a century is a “mistaken view” of the 14th Amendment that “became pervasive, with destructive consequences,” Solicitor General D. John Sauer said in court papers.
The new appeals at the Supreme Court differ from cases the Supreme Court decided earlier this year in favor of the administration, which concerned only the technical question of whether federal judges had the authority to block the policy nationwide while litigation continued.
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