Human Events Daily with Jack Posobiec Breaking: Court Showdown on Birthright Citizenship For Illegals
Apr 1, 2026
Joshua Lysak, author and commentator, offers sharp takes on identity and political stakes. Mike Davis, Article III Project executive, analyzes Supreme Court arguments on birthright citizenship. They debate historical intent of the 14th Amendment, birth tourism, sovereignty and border control, and whether Congress or courts should decide citizenship rules.
AI Snips
Chapters
Transcript
Episode notes
Original Meaning Limits Birthright Citizenship
- The 14th Amendment's birthright clause was enacted to overrule Dred Scott and secure citizenship for freed slaves.
- Mike Davis argued the phrase "subject to the jurisdiction" excludes groups like American Indians and therefore should exclude illegal aliens under original public meaning.
Sovereignty Argument For Congressional Decision
- Sovereign control of borders and who becomes a citizen is presented as a core power of the people.
- Mike Davis urged the Court to leave the issue to Congress and the electorate, citing Congress's later statutory citizenship grant to American Indians as precedent.
Court Might Split Along Political Lines
- Some hosts predicted a likely 7-2 outcome against the administration, fearing political considerations will influence justices.
- Mike Davis said only Justices Thomas and Alito might follow the textualist/originalist line.