The Supreme Court is handing down its most important opinions of the current term.
As usual, the justices saved the biggest one for last.
And Trump just got slammed with bad news about a massive Supreme Court case.
Trump’s Birthright Citizenship Executive Order
President Trump issued an executive order ending birthright citizenship for the children of illegal aliens.
The 14th Amendment says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Congress wrote and ratified the 14th Amendment after the Civil War to ensure that the newly freed slaves were American citizens and could vote.
Democrats now exploit the 14th Amendment as a loophole to create millions of new voters by encouraging illegal aliens to flood into America and have children who are instant Americans, can vote, and could even run for President one day.
Trump’s executive order hinged on the meaning of the “subject to the jurisdiction thereof” text of the 14th Amendment.
The administration argued illegal aliens weren’t subject to the jurisdiction of the United States because they were illegal aliens.
At oral arguments, a clear picture emerged that Trump was likely to lose this case, as the Republican justices feared getting called racist if they sided with Trump.
A Prediction on the Outcome
In an interview on The National Desk, Harvard Law Professor Alan Dershowitz predicted that Trump would “mostly” lose the case.
“I think the birthright decision will go mostly against the Trump administration. The Supreme Court would hold that the Constitution requires that if you’re born in this country and are subject to the jurisdiction thereof, you are a citizen,” Dershowitz stated.
But Dershowitz believes the court would leave the door open to ending birthright citizenship by ruling that it was up to Congress to decide what being under the jurisdiction of the United States meant.
“What they may do is give Congress the power to define who is subject to the jurisdiction so that a person born here on a Thursday who leaves on a Friday and never spends any time in America is probably not subject to its jurisdiction. So I think Congress can do something about the 14th Amendment and limit it to people who really are birthright citizens, who use their citizenship, who subject themselves to the jurisdiction of the United States, rather than people who are just born while passing through. So I suspect we’re going to see a split decision, but it will not come out in favor of allowing the executive to aggregate birthright citizenship as such,” Dershowitz concluded.
This decision, if it plays out as Dershowitz predicted, instantly raises the stakes for the midterm election.
If Republicans hold the House and Senate, they can nuke the filibuster and pass legislation ending birthright citizenship for the children of illegal aliens.
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