You want to make the argument before the SC that only a father and not a mother can confer NBC.
Good luck with that.
If the 1790 Act established anything it’s that the foreign-born children of citizens require naturalization.
To satisfy the political desires of some they demand that acts repealed centuries ago be used - and even that is not enough. That act must be carefully edited removing the singular citizenship of the parents.
The act in force at the time of birth controls. Dismembering a repealed naturalization act and carefully selecting phrases from the entrails is not law.
In 1970 the controlling act is the McCarran-Walter Act of 1952 which provided that citizenship may be conferred upon the foreign-born children of citizens provided both the citizen parent and the child fulfilled the requirements of the statute.
The statute says “citizen”. Are words to be inserted into statute, thwarting the will of Congress?