Supreme Court Justice Elena Kagan and Solicitor General John Sauer Credit: C-SPAN screenshot
President Trump’s solicitor general made the so-called ‘smartest’ liberal Supreme Court Justice look like a complete fool after she tried to school him on the 14th Amendment and birthright citizenship.
As The Gateway Pundit’s Jim Hoft reported, Trump is attending oral arguments at the U.S. Supreme Court concerning birthright citizenship, becoming the first sitting president in American history to attend oral arguments.
As TGP readers know, Trump issued an executive order last year that proclaimed that children born to illegal alien parents in the United States or temporarily present are not American citizens. But black-robed tyrants masquerading as judges have blocked the order, even after the Supreme Court rejected nationwide injunctions by rogue leftist judges at the time.
In July 2025, two rogue federal judges and a three-judge panel on the Ninth Circuit Court of Appeals ruled against Trump’s birthright citizenship order.
During the hearing, Kagan tried to corner Solicitor General John Sauer for agreeing with Justice Alito that birthright citizenship should not apply to children of illegal aliens.
Kagan went on to say that historical texts, including the Constitution, do not support Sauer’s argument that the term “jurisdiction” requires complete allegiance to the United States rather than to foreign powers.
Instead, she said Sauer was relying on obscure sources to advance a more ‘esoteric’ interpretation of the 14th Amendment.
But Sauer blew up Kagan’s argument with a major truth nuke: he pointed out several examples from the Founders and those involved in the drafting of the 14th Amendment who said that temporary visitors and those not domiciled with full loyalty to America were never intended to pass on automatic citizenship to their children born here.
Talk about a huge backfire by Kagan.
LISTEN:
Justice Kagan tried to pin Solicitor General Sauer into a corner during arguments over birthright citizenship, suggesting the challengers’ position relied on some esoteric theory rather than the plain text.
Sauer dismantled that by going straight to the source. The men who… pic.twitter.com/TZZsqdssFZ
— Gunther Eagleman (@GuntherEagleman) April 1, 2026
KAGAN: You can’t be arguing in the way Justice Alito suggests…Your whole theory of the case is built on that group; you don’t get to talking about undocumented persons until much later. So, you can’t really be going with Justice Alito’s theory; you must be saying that there is a principle that was there at the time of the 14th Amendment.
Isn’t that right?
SAUER: We agree there is a principle there at the 14th Amendment. The term jurisdiction means allegiance, as strongly reflected in 19th-century sources…The allegiance of an alien present in another country is determined by domicile.
That’s the principle that applies here.
KAGAN: Where does this principle come from? Allegiance, I think you point to a Lincoln funeral speech as your primary example of where this principle comes from. It’s not what we think of when we think of the word jurisdiction.
The text does not support you. What you’re looking for is some more esoteric meaning…You’re using some pretty obscure sources to get to this concept.
SAUER: Take it straight from the Framers’ mouths. Senator Trumbull was asked What is jurisdiction?’
He said it means not owing allegiance to anybody else.
Senator Bingham, the original author of the 14th Amendment, said that within the jurisdiction of the United States, a parent must not owe allegiance to any foreign sovereignty.
There are over a dozen sources that specifically address temporary sojourners within the five decades, and they say that temporary sojourners’ children are not included.
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