1A Donald Trump, The Supreme Court, And Birthright Citizenship
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Mar 31, 2026 Leah Littman, University of Michigan law professor and podcast co-host, gives an overview of the Supreme Court term. Cody Wafse, ACLU deputy director on the birthright case, outlines the legal fight over the 14th Amendment. Pema Levy, Mother Jones reporter, explains the administration's executive order and the real-world consequences for families. They discuss precedent, legal arguments, and practical stakes in short, focused segments.
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Birthright Citizenship As Longstanding Constitutional Rule
- The 14th Amendment's birthright citizenship clause has been the settled rule since after the Civil War and is commonly understood to grant citizenship to almost anyone born on U.S. soil.
- Cody Wafse cites the long-standing interpretation and warns Trump's executive order attempts to narrow that settled constitutional rule immediately within 30 days, creating a potential crisis for newborns.
Wong Kim Ark Case Reaffirmed Birthright Citizenship
- Wong Kim Ark (born in 1873) challenged exclusion after visiting his parents abroad and the Court affirmed his citizenship under the 14th Amendment.
- Pema Levy explains the 1898 decision rejected anti-Chinese exclusionism and set precedent for birthright citizenship for over a century.
Administration Recycling Rejected 1898 Arguments
- The Trump administration recycles arguments the government lost in 1898, trying the same history and textual claims to limit birthright citizenship.
- Cody Wafse notes those same sources were rejected then and he expects the Court to reject them again.