LISTEN: John Sauer Says ‘I Think So’ When Asked if Native Americans Are Birthright Citizens

U.S. Solicitor General John Sauer stumbled over his words on Wednesday, saying “I think so” when after Justice Neil Gorsuch asked if Native Americans are birthright citizens.

The moment came as Sauer presented the Trump administration’s case to the Supreme Court in President Donald Trump’s legal crusade to overturn birthright citizenship.

“Do you think Native Americans today are birthright citizens under your test and under your friend’s test?” Gorsuch asked at one point in his questioning.

“Uh, I think so?” Sauer responded.

After dancing around the question, which Gorsuch asked two more times, Sauer finally admitted, “I think so, on our test. If they were lawfully domiciled here. I have to think that through, but that’s my reaction.”

“I’ll take the yes, that’s all right,” Gorsuch said as laughter was heard.

Gorsuch was appointed to the bench by Trump in 2017, following the death of Antonin Scalia.

Trump signed the executive order that sought to end birthright citizenship for all children born in the United States on his second day in office.

Trump was in attendance as the arguments began, a first for a sitting president.

Read the exchange below:

ASSOCIATE JUSTICE NEIL GORSUCH: Do you think Native Americans today are birthright citizens under your test and under your friend’s test?

SOLICITOR GENERAL JOHN SAUER: Uh, I think so? I mean obviously, they’ve been granted citizenship by statute.

GORSUCH: Outside the statute, do you think they are birthright citizens?

SAUER: No, I think the clear understanding that everybody agrees in the congressional debates is that children of tribal Indians are not birthright citizens.

GORSUCH: I understand that’s what they said. But your test is the domicile of the parents, and that would be the test you’d have us apply today, right?

SAUER: Yes, yes. So, if a tribal Indian, for example, gives up allegiance to-

GORSUCH: Are tribal members born today birthright citizens?

SAUER: I think so, on our test. If they were lawfully domiciled here. I have to think that through, but that’s my reaction.

GORSUCH: I’ll take the yes, that’s all right.

(laughter)

Listen above via Fox News.

New: The Mediaite One-Sheet "Newsletter of Newsletters"
Your daily summary and analysis of what the many, many media newsletters are saying and reporting. Subscribe now!