Marlow: Conservatives Must Vet Judges, Justices on Birthright Citizenship

What the proof shows

Primary records show that high‑profile conservative nominees have in fact been asked about birthright citizenship during vetting/confirmation. Senator Schumer asked Samuel Alito in his 2006 confirmation hearing whether Congress could deny citizenship to children born in the U.S. to parents in the country illegally; Alito explicitly refused to opine, citing the impropriety of a nominee taking positions. Amy Coney Barrett was asked in written Questions for the Record whether an originalist interpretation guarantees birthright citizenship; she declined to answer, saying the issue was subject to ongoing litigation. A similar on‑the‑record question was put to Pam Bondi during her confirmation hearing and she deferred. Those official records contradict the absolute claim that the issue “has not been part of the vetting process.” They also show the common real‑world pattern: the topic is sometimes raised in vetting, but nominees often decline to state positions (judicial‑ethics/precedent norms), which may create the impression Marlow describes but does not make the blanket assertion true.