Episode 966: Trump v. Barbara, the birthright citizenship case

Newt talks with Zack Smith, Senior Legal Fellow at The Heritage Foundation, about Trump v. Barbara, also known as the birthright citizenship case. The Supreme Court heard oral arguments on April 1, 2026, to determine if President Trump’s executive order violates the 14th Amendment’s Citizenship Clause. Trump’s order seeks to deny automatic U.S. citizenship to children born in the U.S. to undocumented or temporary visa holding parents. The key issues include the meaning of the "subject to the jurisdiction thereof" language in the 14th Amendment, which the Trump administration argues was intended to only grant citizenship to children of U.S. citizens or permanent residents, not to those born to temporary or illegal residents. They also discuss whether the historical context and original understanding of the 14th Amendment at the time of its adoption supports the administration's position, or the broader interpretation of birthright citizenship. Modern issues like "birth tourism" and the ability for large numbers of people to easily travel to the U.S. to give birth, are discussed in the context of the intent of the 14th Amendment's framers. The Court appeared divided during oral arguments, with some justices seeming skeptical of the administration's position, but Smith notes it is difficult to predict the ultimate outcome. A decision is expected by the end of the Court's term in late June 2026.See omnystudio.com/listener for privacy information.