Looking to limit birthright citizenship, Trump turns to an 1884 ruling against a Native American

WASHINGTON — In a moment that could take on new significance almost 150 years later, Omaha election official Charles Wilkins on April 5, 1880, refused to register John Elk to vote on the grounds that he was Native American, and therefore not an American citizen.

Elk — believed to have been a member of what is now known as theWinnebago Tribe of Nebraska— objected, saying he had severed all ties with his tribe and had willingly subjected himself to the authority of the United States.

He launched a legal challenge, arguing among other things that he was a citizen at birth because he was born within United States territory.

But the Supreme Court, in an 1884 case calledElk v. Wilkins, ruled against him, saying that Native Americans born within the territory of the United States did not have birthright citizenship. They had the same status as "the children of subjects of any foreign government born within the domain of that government," the court said.

President Donald Trump's administration is now citing that case as it defends his plan to end automatic birthright citizenship, putting a new spin on the long-standing interpretation of the Constitution's 14th Amendment. The Supreme Court hears oral arguments in the case on Wednesday.

Trump'sexecutive order, issued onthe first dayof his second term, seeks to limit birthright citizenship only to people with at least one parent who is a U.S. citizen or a legal permanent resident.

The order is not in effect; lower courts put it on hold.

Solicitor General D. John Sauer, representing the government, referenced Elk in court papers, saying the Supreme Court has "squarely rejected the premise that anyone born in U.S. territory, no matter the circumstances, is automatically a citizen so long as the federal government can regulate them."

White House spokeswoman Abigail Jackson said in a statement that the case gives the Supreme Court the chance to "restore the meaning of citizenship in the United States to its original public meaning."

The Trump administration's arguments about the relevance of the Elk ruling are strongly contested by the American Civil Liberties Union, which is leading the challenge to Trump's executive order.

"At a fundamental level, this case is about an attempt to strip citizenship from the children of immigrants who have always been citizens of the U.S. The Native American questions the government raises are really beside the point," ACLU lawyer Cody Wofsy said in an interview.

Tribal status is 'unique'

Notably absent from any of the dozens of briefs filed in the case is anything from Native American tribes or organizations. Two scholars of Native American law, Bethany Berger at the University of Iowa College of Law and Gregory Ablavsky at Stanford Law School, didfile a briefbacking the ACLU's challenge.

Experts on Native American law told NBC News the administration's reliance on Elk was problematic, both rhetorically and legally.

"We believe the reliance on Elk to deny birthright citizenship to children of undocumented immigrants is misplaced. It's a misreading and a misunderstanding," said Leonard Fineday, general counsel of the National Congress of American Indians, which represents tribes.

The Elk decision rests solely on the specific nature of "quasi-sovereign tribal government" and is limited to that context, he added.

Monte Mills, director of the Native American Law Center at the University of Washington School of Law, agreed, saying it was ironic that the government would rely on such a ruling.

"It does betray a lack of understanding and awareness or willingness to acknowledge the nuance of Native American law," he added.

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Another lawyer who works on Native American issues, who declined to be named because he did not want to be seen to be speaking on behalf of tribes with diverse views, said Indian law, a technical term still in use, is complex and not applicable to other areas of law. That's in part because there was never a blanket rule that applied to all tribes when it came to their legal relationship with the United States.

"I would say Native American history is anomalous. The status of tribes is unique. I'd at least be very cautious before trying to import any supposed lessons or principles from that context into other areas," the lawyer said.

The legal status of Native Americans within the U.S. has been addressed at length throughout history as the nation expanded westward, making — and breaking — treaties with tribes along the way and often mistreating them. The U.S. government simultaneously considered tribes to be somewhat independent nations while also exerting authority over them.

Tribes and Native American organizations likely did not file briefs in the birthright citizenship case for at least two reasons, Indian law experts said. First, they do not have a stake in the case because,since 1924, Native Americans have been guaranteed birthright citizenship via statute. Second, the more than 500 tribes likely differ politically on whether Trump's executive order is good policy.

"I do suspect some tribes would be supportive of the policy because some tribes are pretty politically conservative," the lawyer who works on Native American issues said.

'Subject to the jurisdiction thereof'

The unusual case focuses on the meaning of the "citizenship clause" of the 14th Amendment, ratified in 1868 after the Civil War and the end of slavery. It states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

It'slong been understoodto confer citizenship on almost anyone born in the United States, regardless of their legal status. Exceptions include children born to diplomats and foreign invaders.

The Trump administration has zeroed in on "subject to the jurisdiction thereof," arguing it excludes both the children of people who entered the country illegally and those born to people with temporary legal status, such as work visas.

The Elk case is mentioned multiple times in the Trump administration'sbrief, with Sauer arguing that it shows birthright citizenship only applies to people who are subject to the "political jurisdiction" of the United States.

He quoted a line from the Elk ruling that says the "main object" of the citizenship clause was to address the issue of freed slaves after the Civil War.

The challengers, Sauer wrote, "cannot explain the long-established exceptions to birthright citizenship, including for children of tribal Indians."

Those backing the traditional understanding of birthright citizenship point to another 19th-century ruling, this one from 1898. InUnited States v. Wong Kim Ark, the court ruled that a man born in San Francisco to parents originally from China but living in the United States was an American citizen at birth.

The majority opinions in Elk and Ark were both authored by Justice Horace Gray. In the latter ruling, Gray distinguished his earlier opinion in the Elk case, saying it concerned "only members of Indian tribes within the United States and had no tendency to deny citizenship to children born in the United States" who were not Native American.

In his brief, Sauer downplayed the Ark ruling, saying it recognized birthright citizenship only for children of citizens and those born to immigrants who were permanent residents.

Ilan Wurman, a professor at the University of Minnesota Law School who fileda brief backing Trump, said it is unclear how much weight the Supreme Court will give the Elk case.

"The bottom line is that the case is helpful to the government, but it's ambiguous," he added.

Berger, the Native American legal expert who filed a brief in support of the challengers, said in an interview that Sauer's argument echoes what his predecessor argued in Wong Kim Ark's case more than a century ago.

"What the government is doing now is a retread of what it tried to and failed to do before," she added.

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March 29, 2026

Looking to limit birthright citizenship, Trump turns to an 1884 ruling against a Native American

WASHINGTON — In a moment that could take on new significance almost 150 years later, Omaha election official Charles Wilk...

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The anesthesiologist, the nuclear engineer and an alleged attempted murder on a hike in Hawaii

Looking at the steep cliffs just feet from her, Arielle Konig felt uncomfortable.

The nuclear engineer and her husband, 47-year-old anesthesiologist Dr. Gerhardt Konig, were hiking Oahu's "Pali Puka" trail to celebrate her 36th birthday. They took the weekend trip from their home in Maui after a rough few months in their relationship in the wake of what she acknowledged was an "emotional affair" with a coworker.

The Konigs had gone to couples counseling and worked to regain each other's trust, she said. And after receiving a love-filled birthday card on the morning of March 24, 2025, Arielle believed things were on the upswing.

"I teared up when I read it," she said. "I felt hopeful that this was a turning point for us in our marriage and that this was going to be a nice trip and the start of the next chapter for us."

The hike certainly began a new chapter for them – but not how she expected.

Her discomfort with the hike quickly turned into terror when she says her husband shoved her toward the cliff, tried to inject her with a syringe and bashed her head repeatedly with a rock.

"It was just very shocking," she said. "My initial reaction was he must be kidding."

This week, exactly a year to the day from that hike, Arielle Konig took the stand in a Honolulu courtroom and accused her husband of trying to kill her. She survived, she said, because she fought back and screamed until two fellow hikers arrived and intervened.

Her dramatic testimony represents the key evidence in the past two weeks of Gerhardt Konig's trial on an attempted second-degree murder charge. The trial has featured evidence of a tense divorce and child custody battle and has spurred a deeper examination of how this high-achieving couple came to sit across from each other in court.

In opening statements, prosecutors laid out the details of the attack and said Gerhardt Konig confessed to his 19-year-old son in a FaceTime conversation. He then allegedly hid from police for hours until he was apprehended around sunset while trying flee, prosecutors said.

His defense attorney, Thomas Otake, acknowledged Konig hit his wife with the rock but argued it was not a premeditated attack. He said she was the one who started the fight by hitting him first. Konig did not try to push her off a cliff, and there were no syringes involved, the attorney said.

"This was an unplanned, unanticipated scuffle that happened between a couple," he said.

The defendant could take the stand in his own defense. Testimony is set to resume Tuesday.

Trouble in paradise

Gerhardt and Arielle married in 2018, and they had a son in 2020 and another in 2023.

Born in South Africa, Gerhardt also has two children from an earlier marriage, his attorney said. Arielle, a nuclear engineer, works as a project manager for a nuclear energy company, she testified. The couple moved with their children to Maui in 2023, she testified.

In late 2024, she became close with a male coworker, sending him "flirty texts" and then deleting them so her husband wouldn't see them, she testified. She described it as an "emotional affair," saying it never became physical and there were no racy photos sent.

When Gerhardt found out in December 2024, "he was angry and upset," she said, and looked through her phone almost every day. They went to couples counseling for several months as they tried to repair their trust issues.

Then came the idea for a couples trip to the nearby island of Oahu. Arielle had wanted to go to Oahu "at some point," she said, and he planned a trip around her March 24 birthday.

They arrived to Oahu on March 23 and went to a spa and had dinner, she testified. The following morning, he gave her the birthday card. "Happy birthday, angelface," he wrote in the card. "There isn't an obstacle in this world too hard for me to fight through for you."

They planned to go to a hike that day and had made dinner reservations that night, she testified.

'He grabbed me really forcefully'

The Pali Puka trail is a popular hike about a 13-minute drive from Honolulu.

The wooded and rocky trail is short yet steep. It's only about one mile out and back, but the path traverses along a narrow ridge and requires hikers to scramble up rocky slopes before ending in a beautiful view of the coastline,a local hiking company explains.

Arielle and Gerhardt drove to the trail and began the trek at about 10 a.m., taking photos along the way and sending them to family on Snapchat, according to her testimony.

But after about a quarter-mile, she said she became uncomfortable with the steepness of the hike and refused to go on. Gerhardt went ahead for a bit, and when he returned, he expressed surprise she was still there, she said.

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They took a selfie near the edge of the cliff as she held on to a tree, she testified, when he startled her.

"When I walked up to him, he grabbed me really forcefully by my upper arms, and he said, 'I'm so f—ing sick of this shit, get back over there.' He starts pushing me back towards the cliff," she testified.

She wrestled with him to try to get away, she said. She threw herself to the ground and held onto trees and shrubs so he couldn't push her off the edge, she testified. He then straddled her with his legs across her waist, holding an unexpected item, she said.

"He was on top of me, he had a syringe in his hand and he said, 'Hold still,'" she testified.

A shove, a struggle and a rock

She batted at his hand and the syringe fell to the ground, she said. He dug into his backpack with his left hand and held her down with his right arm while holding a vial of some liquid, she said.

"I'm screaming, I'm saying, 'What the f— are you doing, get off me.' He's saying like, 'f— you, you're done, I'm so sick of your shit, I'm so done with you,'" she testified.

She bit his forearm and squeezed his testicles as she screamed for help during the struggle, she said.

"He's saying, 'Shut the f— up. Nobody is going to hear you out here. Nobody is coming to save you.' I'm saying, 'You can't do this. Everyone knows we're on a hike, they'll know this wasn't an accident, and our kids will be orphans. You'll go to jail and I'll be dead. You have to stop.' He's saying, 'You're done, we don't need you anymore,'" she said.

He seemed to calm down a bit, she said. But then he repeatedly bashed her in the head with a rock as many as 10 times, she said.

"I just started screaming, because in my mind he's trying to knock me unconscious to be able to drag me over the edge. I was just screaming then as much as I could," she testified.

Finally, she heard a woman's voice say, "We're here and we're calling 911," she testified. "He froze and knelt back away from me. I crawled away really slowly."

The two women helped Arielle hobble down to safety, while Gerhardt stayed there frozen, she testified.

The women – registered nurses Amanda Morris and Sarah Buchsbaum – testified earlier in the trial that they had just begun their hike when they heard a woman screaming and saw a man hitting her with a rock. They identified the attacking man in court as the defendant.

Body-camera footage from responding officers also showed Arielle's bloodied face and head in the trail parking lot afterward. She was taken to the hospital for treatment.

Husband arrested, then indicted

Meanwhile, Gerhardt Konig called his 19-year-old son on FaceTime, and while covered in blood, confessed that he tried to kill Arielle because he believed she had been cheating on him for months, according to prosecutors.

Police searched for him for hours and arrested him that night after he tried to flee, prosecutors said. He wasindicted by a grand jurya week later.

Arielle Konig was treated for severe lacerations and stayed at the hospital for one night, she testified. She had stitches in her scalp and sports scars on her head and face, she said. In court, she pulled back the bangs covering the left side of her forehead to reveal a patch of scalp that no longer grows hair.

In cross-examination, the defense attorney suggested she was making false statements in an attempt to get his money and house.

After the alleged attack, she moved over $120,000 from their joint bank account to her own personal account to pay their mortgage, car, credit card bill and child care, she testified. She also filed for divorce, and their children are in her custody.

On cross-examination, Arielle Konig confirmed she had requested full custody of their children and possession of their house in their divorce and custody case. The verdict in this criminal trial will be relevant to that decision, she acknowledged.

"You and your divorce attorney are using the allegations in this case as a basis to ask for certain things in the divorce and custody case, correct?" said Otake, the defense attorney.

"Yes, in certain cases where it's applicable," she said.

If convicted, Gerhardt Konig faces a sentence of life in prison with the possibility of parole.

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The anesthesiologist, the nuclear engineer and an alleged attempted murder on a hike in Hawaii

Looking at the steep cliffs just feet from her, Arielle Konig felt uncomfortable. The nuclear engineer and her...

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Pope Leo says God rejects prayers of leaders who wage wars

By Joshua McElwee

VATICAN CITY, March 29 (Reuters) - Pope Leo said on Sunday that God rejects the prayers of leaders who start wars and have "hands ‌full of blood", in unusually forceful remarks as the Iran war entered ‌its second month.

Addressing tens of thousands of people in St. Peter's Square on Palm Sunday, the celebration ​that opens the holiest week of the year in the lead-up to Easter for the world's 1.4 billion Catholics, the pontiff said that Jesus cannot be used to justify any wars.

"This is our God: Jesus, King of Peace, who rejects war, whom no ‌one can use to justify ⁠war," Leo, the first U.S. pope, told crowds in brilliant sunshine.

"(Jesus) does not listen to the prayers of those who wage war, ⁠but rejects them, saying: 'Even though you make many prayers, I will not listen: your hands are full of blood'," he said, citing a Bible passage.

Leo did not specifically name ​any world ​leaders, but he has been ramping up ​criticism of the Iran war in ‌recent weeks.

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The pope, who is known for choosing his words carefully, has repeatedly called for an immediate ceasefire in the conflict and said on Monday that military airstrikes are indiscriminate and should be banned.

Some U.S. officials have invoked Christian language to justify the joint U.S.-Israeli strikes on Iran on February 28 that initiated the expanding war.

U.S. ‌Defense Secretary Pete Hegseth, who has started ​leading Christian prayer services at the Pentagon, prayed at ​a service on Wednesday for "overwhelming ​violence of action against those who deserve no mercy".

Leo on Sunday ‌referenced a Bible passage in which Jesus, ​about to be ​arrested ahead of his crucifixion, rebuked one of his followers for striking the person arresting him with a sword.

"(Jesus) did not arm himself, or defend himself, ​or fight any war," ‌Leo said. "He revealed the gentle face of God, who always rejects violence. ​Rather than saving himself, he allowed himself to be nailed to the ​cross."

(Reporting by Joshua McElweeEditing by David Goodman)

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March 29, 2026

Pope Leo says God rejects prayers of leaders who wage wars

By Joshua McElwee VATICAN CITY, March 29 (Reuters) - Pope Leo said on Sunday that God rejects the prayers of l...

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Guardians' Chase DeLauter hits 4th home run in 3rd career game, Guardians beat Mariners 6-5

SEATTLE (AP) — Rookie outfielder Chase DeLauter hit his fourth career home run to give Cleveland the lead for good in the 10th inning, and the Guardians beat the Seattle Mariners 6-5 on Friday night.

Guardians Mariners Baseball

DeLauter, who Thursday became the fifth player in the franchise's 126-year history tohit a home runin his first career regular-season at-bat, extended his arms on an elevated fastball from Mariners closer Andrés Muñoz (0-1) and deposited it beyond the left-field wall at T-Mobile Park for a two-run home run that made it 6-3.

DeLauter became the third player in major league history to hit a home run in each of his first three games, joining Seattle's Kyle Lewis (2019) and Colorado's Trevor Story (four straight in 2016).

Julio Rodríguez hit a two-out, two-strike RBI single in the bottom of the ninth inning off Cade Smith (1-0) that made it 3-3.

Luke Raley homered for the third consecutive game, a two-run shot in the bottom of the 10th. Connor Brogdon, who came on to start the inning, struck out Leo Rivas and Cole Young to end it and earned his first save of the season.

Mariners starter Bryan Woo threw five scoreless innings before Cleveland pushed two runs across in the sixth, first on an RBI double by José Ramírez and then on an run-scoring single by Kyle Manzardo.

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Ramírez joined Tris Speaker (486) and Nap Lajoie (424) as the only players with 400 or more doubles in Cleveland's 126-year franchise history.

Woo pitched six innings and gave up two runs with nine strikeouts.

Seattle's Cal Raleigh got his first his first hit of the season with an RBI single in the first inning. The 2025 AL MVP runner-up, Raleigh struck out in each of his first eight at-bats to start the season.

Up next

Slade Cecconi gets the ball for the Guardians in the final game of the four-game series against Emerson Hancock in the season debut for both starters.

AP MLB:https://apnews.com/mlb

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March 29, 2026

Guardians' Chase DeLauter hits 4th home run in 3rd career game, Guardians beat Mariners 6-5

SEATTLE (AP) — Rookie outfielder Chase DeLauter hit his fourth career home run to give Cleveland the lead for good in the...

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Dylan Strome scores in regulation and shootout as Capitals beat Golden Knights 5-4

LAS VEGAS (AP) — Dylan Strome scored once in regulation and the lone goal in the shootout as the Washington Capitals defeated the Vegas Golden Knights 5-4 on Saturday night.

Capitals Golden Knights Hockey

After squandering an early 3-0 lead, the Capitals erased a 4-3 deficit to force overtime and pull out the win.

Hendrix Lapierre, Justin Sourdif, Anthony Beauvillier and Strome scored for the Capitals, and Cole Hutson had his first career multi-point game. Former Golden Knight Logan Thompson stopped 25 shots.

Former Capital Nic Dowd, Rasmus Andersson, Jack Eichel and Mitch Marner scored for the Knights, and Adin Hill made 17 saves.

Washington seemingly had control of the game after opening a 3-0 lead by the midway point of the second period.

Lapierre gave Washington a 1-0 lead a little more than six minutes into the game, while Sourdig and Beauvillier scored inside the first seven minutes of the second period to make it 3-0.

But the Golden Knights answered with four unanswered goals and took a 4-3 lead just 31 seconds into the third period.

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After leaving the game late in the first period following a collision that left him bleeding from the head, Dowd got Vegas on the board with a short-handed goal. Andersson scored 25 seconds later for the team's fifth short-handed goal of the season.

Strome tied the gameon the power play at 8:54 of the third period off a feed from Hutson. The Capitals went 2-for-6 on the man advantage.

After losing their first six regular-season meetings in Vegas, the Capitals have now won their last two visits to T-Mobile Arena.

Up next

Capitals: Host Philadelphia on Tuesday.

Golden Knights: Host Vancouver on Monday.

AP NHL: https://apnews.com/hub/NHL

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Dylan Strome scores in regulation and shootout as Capitals beat Golden Knights 5-4

LAS VEGAS (AP) — Dylan Strome scored once in regulation and the lone goal in the shootout as the Washington Capitals defe...

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"48 Hours" show schedule

True crime. Real justice."48 Hours"is the one to watch on Saturday nights.

HOW TO WATCH"48 Hours" airs Saturdays at 10/9c onCBSand streaming onParamount+. Can't watch us live? Don't forget to record us!Watch more full episodes of "48 Hours" onPluto TV,YouTubeand Netflix. You'll also find us onCBS News 24/7Saturdays from 4-10 p.m. ET. Download theCBS News appon your cell phone or connected TV.Watch "48 Hours" full episodes24/7: The "48 Hours" FAST Channel (free, advertiser-supported streaming) is available on CBSNews.com, Pluto TV, Paramount +, and Paramount partner channels. Listen to ourpodcasts:"48 Hours,""Post Mortem,""My Life of Crime"andmore!JUST ON

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ALL NEW | 10/9c:Melissa Rocuba's Final Moments: A woman dies after an "accidental" shooting in her bedroom. Eight years later, surveillance video upends the case. "48 Hours" correspondent Anne-Marie Green reports.

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March 29, 2026

"48 Hours" show schedule

True crime. Real justice."48 Hours"is the one to watch on Saturday nights. HOW TO WATCH"48 Hour...

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Slain college student’s mother vows ‘fight for justice’ after illegal immigrant charged in Chicago killing

The mother of slain college student Sheridan Gorman is speaking out, vowing a "fight for justice" after the 18-year-old was allegedly murdered by an illegal immigrant earlier this month in Chicago.

Jessica Gorman delivered emotional remarks Saturday at a vigil in Yorktown Heights, New York, honoring her daughter, aLoyola University Chicagofreshman whose life was cut short in what authorities describe as a sudden, violent attack.

"I want to say this gently, but honestly, as a mom. I'm angry," Jessica Gorman said. "I'm like completely heartbroken, and we are going to fight for justice for our sweet Sheridan, and we're going to fight for change."

While acknowledging that "not everyone" will see the situation the same way, Jessica Gorman underscored what she described as a universal truth shared by parents.

Watch: Senate Hearing Goes Silent After Angel Father Confronts Top Dem Over Daughter's Death

"At the heart of all of this, we all want the same thing — for your children and for ours to be safe, to be protected, and to come home," Jessica Gorman said. "Because, at the end of the day, that's what this is all about. All of our kids, every single one of them, protecting them, loving them, showing up for them. And that is how we honor her."

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Sheridan Gorman, a New York native,was killedat around 1:06 a.m. March 19 while with friends near a pier in Chicago's Rogers Park neighborhood.

Chicago Killing Reignites Sanctuary City Fight As Angel Parent Heads To Senate Hearing

Officials allege Jose Medina-Medina, 25, anillegal immigrant from Venezuela, fired one shot at the Loyola University Chicago student, killing her.

Gorman was reportedly only a few months away from completing her freshman year.

Medina-Medina was apprehended by the U.S. Border Patrol on May 9, 2023, and was released into the U.S. under theBiden administration, according to the Department of Homeland Security.

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At the vigil, the family's attorney, Thomas Tripodianos, warned against what he described as growing complacency about public safety.

"If we accept this, even silently, then we are accepting a reality where young people are not as safe as they should be. And that is not acceptable," Tripodianos said. "And there must be justice. Real justice."

Family members and friends also shared memories of Sheridan, remembering her impact on those around her.

"Sheridan, you are deeply loved at Loyola," Steven Betancourt, director of campus ministry at Loyola University Chicago, said. "You are deeply missed, and you will live on in the lives you touched and forever changed."

Angel Parents Slam Illinois Sanctuary Laws After 'Preventable' Tragedy In Student's Death

The Gorman family has sharply criticizedChicago Mayor Brandon Johnson and Illinois Gov. JB Pritzker, arguing that their daughter's death "demands accountability."

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"She was doing something entirely normal — walking near her campus with friends. She should be here," the Gorman family said regarding comments by Johnson.

The suspect appeared in court Friday and was ordered to remain in custody, according toFOX 32 Chicago.

He faces multiple charges, including first-degree murder, attempted first-degree murder, aggravated assault and unlawful possession of a gun.

Fox News Digital's Adam Sabes contributed to this report.

Original article source:Slain college student's mother vows 'fight for justice' after illegal immigrant charged in Chicago killing

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March 29, 2026

Slain college student’s mother vows ‘fight for justice’ after illegal immigrant charged in Chicago killing

The mother of slain college student Sheridan Gorman is speaking out, vowing a "fight for justice" after the 18-...

Read More