Ketanji Brown Jackson Makes Head-Scratching Argument Involving Japan, Wallet Theft During Citizenship Hearing

Supreme Court Associate Justice Ketanji Brown Jackson made a bizarre argument involving stealing a wallet in Japan during oral arguments in a birthright citizenship case.

The justices heard oral arguments in the case, Trump v. Barbara, which questions the constitutionality of President Donald Trump’s executive order which ended citizenship for children born to illegal aliens. In an attempt to argue in favor of birthright citizenship, Jackson argued that if she stole a wallet from Japan, she would owe “allegiance” to the country’s laws and its right to prosecute her.

“I was thinking, I, a U.S. citizen am visiting Japan. And what it means is that if I steal someone’s wallet in Japan, the Japanese authorities can arrest me and prosecute me,” Jackson said. “It’s allegiance meaning can they control you as a matter of law. I can rely on them if my wallet is stolen to, under Japanese law, go and prosecute that person who had stolen it. So there’s this relationship, even though I’m just a temporary traveler, I’m just on vacation in Japan, I’m still locally owing allegiance in that sense.”

“Is that the right way to think about it? And if so, doesn’t that explain why both temporary residents and undocumented people would have that kind of allegiance just by virtue of being in the United States?” Jackson continued.

The justices questioned Solicitor General D. John Sauer, who argued on Trump’s behalf, and American Civil Liberties Union (ACLU) attorney Cecilia Wang on the legality of the executive order, which Trump signed on the first day of his second term. The Trump-appointed justices, including Neil Gorsuch, appeared skeptical of the fight to end birthright citizenship.