Alito invokes Scalia analogy in birthright citizenship fight over illegal immigration

By Fox News · Fox News

Justice Samuel Alito invoked an analogy from late Justice Antonin Scalia Wednesday as the Supreme Court weighed whether birthright citizenship extended to children of illegal immigrants. Alito said Scalia had illustrated how to apply textualism to modern circumstances, a point he raised during high-stakes oral arguments over President Donald Trump’s effort to limit birthright citizenship under the 14th Amendment, which grants most people born in the United States automatic citizenship. Textualism is a legal view that courts should read the Constitution according to its text and original meaning. Alito suggested that illegal immigration, like modern technology such as microwaves, was basically unknown when the 14th Amendment was ratified in 1868. Alito acknowledged historical exceptions to the amendment, including children born to foreign diplomats and certain Native Americans, and he questioned whether illegal immigrants' children could be considered a comparable modern-day exception. "Justice Scalia had an example that dealt with this situation," Alito said. "He imagined an old theft statute that was enacted well before anybody conceived of a microwave oven. And then, afterwards, someone is charged with the crime of stealing a microwave oven. And this fellow says, 'Well, I can't be convicted under this because the microwave oven didn't exist at that time.' And he dismissed that. There's a general rule there, and you apply it to future applications." HOW THE SUPREME COURT’S INJUNCTION RULING ADVANCES TRUMP’S BIRTHRIGHT CITIZENSHIP FIGHT Alito said that illegal immigration "was basically unknown at the time when the 14th amendment was adopted." "So, how did we deal with that situation when we have a general rule?" Alito asked, questioning if the rule was intended to "apply to later applications that might come up." SUPREME COURT PREPARES TO REVIEW TRUMP'S EXECUTIVE ORDER ON BIRTHRIGHT CITIZENSHIP Solicitor General John Sauer argued to the Supreme Court in support of…