That is not true. I gave substantial documentation as follows:
Judge Boardman in blocking Trump’s Executive Order relies on three cases (
United States v. Wong Kim Ark, 169 U.S. 649 (1898);
Regan v. King, 49 F. Supp. 222 (N.D. Cal. 1942); and
GEE FOOK SING v. UNITED STATES, (1892)). In neither of those cases was the United States Supreme Court called upon to determine if a child born on American soil to an illegal entrant foreign national, is a U.S. citizen upon birth.
But in Fong Yue Ting v. United States, 149 U.S. 698, 707 (1893), the court noted the Naturalization Clause of the U.S. Constitution states that
“The Congress shall have power ... [t]o establish a uniform Rule of Naturalization.” U.S. Constitution Article 1, section 8, and went on to observe that the Naturalization Clause reflects the fundamental proposition, inherent in sovereignty, that
“[e]very society possesses the undoubted right to determine who shall compose its members.”
Also note that under Section 5 of the Fourteenth Amendment, Congress, not our Supreme Court, is authorized to enforce the amendment by "appropriate legislation" and that includes granting birthright citizenship to specifically identified groups as it did under the
Indian Citizenship Act of 1924, and earlier by
CHAP. CCCXXXII. - An Act to abolish the tribal Relations of the Miami Indians, March, 1873. And for other Purposes which set specific conditions to be met to be granted United States citizenship. . .( at the above link enter 673 in box at top and press “Enter” on your keyboard)
“SEC. 3.
That if-any adult member of said tribe shall desire to become a citizen of the United States, shall prove by at least two competent witnesses, to the satisfaction of the circuit court of the United States for the State of Kansas, that he or she is sufficiently intelligent and prudent to manage his or her own affairs, and has, for the period of five years, been able to maintain himself or herself and family, and has adopted the habits of civilized life, and shall take an oath of allegiance to the United States, as provided by law for the naturalization of aliens, he or she shall be declared by said court to be a citizen of the United States, which shall be entered of record and-a certificate thereof given to said party.”
Additionally, our United States Supreme Court noted in 1872 in the
Slaughter-House Cases, 83 U.S. 36:
The phrase 'subject to its jurisdiction' was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States."
A few years after the above mentioned case, Richard Greisser born on American soil, whose father was a "German subject" at the time of Richard’s birth, was found to not be “. . . a citizen of the United States . . .”
SOURCE
So, when Judge Boardman asserts
"We need not till the same ground more than a century later..." she blatantly exhibits an intentional defiance and negligence to abide by a fundamental duty stated by our Supreme Court:
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)