The American Conservative: The True Constitution Doesn’t Grant Universal Birthright Citizenship
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The American Conservative, April 20, 2026
American legal conservatives are too enamored of abstractions.
At the recent oral argument in perhaps the most consequential case on the Supreme Court’s docket, the birthright citizenship case of Trump v. Barbara, Chief Justice John Roberts made a telling and illustrative quip. In an exchange with Solicitor General John Sauer concerning the problem of birth tourism, the chief justice responded to Sauer’s concern that 8 billion people around the planet are a “plane ride away from having a child who’s a U.S. citizen.”
“It’s a new world,” Roberts said. “It’s the same Constitution.” Roberts had, in so summarily distilling the worldview of the American legal conservative movement, revealed its crucial weaknesses. …
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