And I will say Justice Thomas dissent cited my brief twice in that dissent. I'm glad that the dissent commanded four votes. I wish it had commanded five. Where does that leave us? Well, There's still some ambiguity on whether Congress could pass legislation defining subject to the jurisdiction thereof, to exclude the children born by parents here illegally. The Court did not resolve that question because it wasn't presented with that question. But let me be clear. From my perspective, this is a terrible policy outcome and it's also the wrong legal outcome. (38:27–38:41)
CLAIM
Asserts uncertainty about Congress's ability to legislate on birthright citizenship.
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