Trump’s top litigator faces uphill battle with birthright citizenship

Key Points:

• The Supreme Court will hear a major case on whether President Trump’s executive order to limit birthright citizenship is constitutional, challenging a century-old legal precedent and potentially complicating documentation for newborn US citizens.
• Solicitor General D. John Sauer, a favored litigator of Trump known for historic legal victories, will argue the case, focusing on redefining “subject to the jurisdiction thereof” in the 14th Amendment to exclude children of undocumented immigrants and tourists.
• Legal experts and some administration officials view the case as weak due to longstanding Supreme Court precedent and congressional statutes affirming birthright citizenship, making a ruling for Trump a difficult uphill battle.
• Sauer’s legal career includes clerking for Justice Scalia, serving as Missouri’s solicitor general, and successfully defending presidential immunity, which has earned him strong support from Trump and his allies despite occasional setbacks.
• While a loss could be embarrassing, Sauer’s allies preemptively blame the justices rather than him, emphasizing the political nature of the decision and underscoring the unpredictable dynamics of the current Supreme Court.