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Trump Will Lose on Birthright Citizenship—but an Immigration Win Is Coming
“The Constitution’s meaning doesn’t depend on policy preferences,” writes Jed Rubenfeld. (Illustration by The Free Press; image via Getty)
Critics say the justices are either lackeys or haters of the president. But the Court’s approach to two big immigration cases suggests they’re guided by the law.
By Jed Rubenfeld
04.02.26 — U.S. Politics
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The Supreme Court just heard arguments in not one but two important cases challenging Trump administration policies dealing with illegal aliens. In Wednesday’s case, regarding birthright citizenship, the administration is headed for defeat. In a different case last week, which involves President Donald Trump’s effort to stop illegal aliens from making so many asylum claims, the Court looked ready to hand the government a win.

This disparity is a great sign for the country. Many anti-Trumpsters blast the Court for kowtowing to the president, and they refuse to believe that the Justices might actually be trying to follow the law. But the rule of law is alive and well in America. The Court looks like it’s going to hand the administration one loss and one win in these two cases—and if so, the Court will be right in both.

Let’s start with the barn burner: the birthright citizenship case. On the first day of his second term, Trump issued an executive order purporting to deny citizenship to the U.S.-born children of illegal aliens and aliens in the U.S. on temporary visas. In oral argument on Wednesday, with the president himself in attendance, Solicitor General John Sauer did a yeoman’s job trying to defend this order, but a majority of the justices did not sound like they bought it.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Immigration
Justice
Supreme Court
Law
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