Attending oral argument last week in the case touching on birthright citizenship pending before the Supreme Court, I observed a combination of confusion, omissions, and outright lies from some of the justices. As the lawyer for one of the amici, I witnessed the Court address the propriety of the nationwide, universal injunctions that have been issued by several district court judges blocking the execution of President Trump’s day-one executive order on birthright citizenship.

Let’s begin with the lies.

Early in the argument, Justice Sotomayor unequivocally stated that the Court had held 127 years ago that anyone born on U.S. soil is a citizen, and repeated that holding in three other cases since. That is false.

The Supreme Court has never held that the children born on U.S. soil to temporary visitors or illegal aliens are citizens. The Wong Kim Ark case to which she was referring explicitly dealt only with a child born to parents who were lawfully and permanently domiciled in the United States—and the word “domicile” or one of its derivatives was repeated nearly 30 times throughout that opinion. Any language in the opinion beyond that is not part of the holding, but is rather non-binding dicta. The same is true with the passing references in the three other cases she cited—they are pure dicta. So her claim that the Court has already issued holdings that are contrary to the president’s executive order is simply untrue.