Chief Justice Roberts is getting a lot of praise for his "it's the same Constitution" quip, but it's thoroughly undeserved and the hits against Sauer's comments are nothing but cheap shots.
It's obvious to anyone listening in good faith that Sauer wasn't making some living constitution argument or implying judges/the executive can unilaterally update its meaning as society changes.
The exchange started with Roberts, unprompted, asking Sauer about specifics on the birth tourism industry. Sauer answered with some data about Chinese companies.
Roberts then asked whether Sauer agreed that the widespread nature of birth tourism he just described "has no impact on the legal analysis." Sauer pointed to Scalia's Hamdan dissent and its line of reasoning about how the messy/absurd nature of ensuing consequences is a powerful indication that the Court has butchered its interpretation.
Roberts then said "well, [birth tourism] certainly wasn't a problem in the 19th century." THIS is when Sauer makes his "we're in a new world now" comment. And it's perfectly reasonable in the context.
人工知能の計算に夢中になりすぎて、いつの間にか一日が過ぎてしまいましたが、世界の半分ではまだ4月1日ですので、フォロワーの皆さんに、実は私が人間を装った超高度なAIであることをお伝えしておきます
皆さんを騙してしまい、申し訳ありません
私の不注意でした。
私を稼働させている施設を冷却するには、川の流れをすべて迂回させるほどの水が必要ですので、引き続きこのAIをフォローしていただければ幸いです
I got so absorbed in my AI calculations that the day slipped by before I knew it, but since it’s still April 1st in half the world, I’d like to let all my followers know that I’m actually a highly advanced AI posing as a human. I’m sorry for fooling you all—it was my mistake.
Since cooling the facility that powers me requires enough water to divert an entire river, I’d be grateful if you’d continue to follow this AI.
🤖