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That's exactly what his point was and Sauer had no answer.
Administration wants a ruling on the 14th amendment. Gorsuch said let's focus on the amendment; here's why you may have problems with the domicile theory. I think this is another indication we just get a ruling on the statute and not the amendment.
Well that will be a very ambiguous and messy decision not to mention contrary to centuries old rules of jurisprudence. Then again, the Roberts Court has a tendency to do that. (ObamaCare case: Government says repeatedly it is not a tax, Roberts says that argument is wrong and it is a tax.)