Amicus With Dahlia Lithwick | Law, justice, and the courts Preview: A Blowout for Birthright Citizenship at SCOTUS
Apr 1, 2026
Evan Bernick, law professor and legal scholar who co-authored a key amicus brief, breaks down the Supreme Court’s handling of the birthright citizenship fight. He recounts which justices seemed sympathetic to the administration and which were skeptical. Short, sharp takes on originalism arguments and how the court reacted to the Solicitor General’s shifting theories.
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Supreme Court Review Of Birthright Citizenship
- The case challenges Trump's executive order denying birthright citizenship to children born in the U.S. to undocumented or temporary visa parents.
- Mark Joseph Stern explains every lower court found the order violates the 14th Amendment's Citizenship Clause, setting up Supreme Court review.
Trump Attends Oral Arguments In Person
- Trump attended the Supreme Court arguments in person and reportedly left after Solicitor General John Sauer finished.
- Mark Joseph Stern noted Trump became the first sitting president to attend oral arguments, adding unusual optics to the day.
Majority Of Justices Skeptical Of Government
- Evan Bernick and Mark Joseph Stern agreed Wednesday's arguments went poorly for Trump, with only two justices seriously considering upholding the order.
- Bernick said seven justices aligned with lower courts, and Barrett and Gorsuch were hostile to Solicitor General's case.