Will SCOTUS Let Trump Rewrite Birthright Citizenship? (with Michael Dreeben) - Stay Tuned with Preet Recap

Podcast: Stay Tuned with Preet

Published: 2026-01-13

Duration: 11 minutes

Guests: Michael Dreeben

Summary

The episode examines the potential impact of President Trump's executive order on redefining birthright citizenship and the legal challenges it faces in the Supreme Court.

What Happened

In this episode, Joyce Vance is joined by Michael Dreeben, a former Deputy Solicitor General, to discuss the implications of President Trump's executive order aimed at limiting birthright citizenship, which traditionally grants citizenship to anyone born on U.S. soil. They analyze the language of the 14th Amendment, which has been interpreted to guarantee this right, and how the current administration's approach represents a significant shift from this longstanding understanding.

Dreeben explains that the executive order seeks to redefine who is considered 'subject to the jurisdiction' of the United States, a move that challenges over a century of legal precedent. He highlights the historical context, noting that exceptions to birthright citizenship have been limited to children of foreign diplomats, enemy soldiers, and certain Native American tribes.

The discussion delves into the legal arguments presented by the Solicitor General, which Dreeben describes as a fringe theory that attempts to restrict birthright citizenship in ways not supported by previous court rulings or the legislative history of the 14th Amendment.

They explore the potential outcomes of the case, including the possibility of the Supreme Court upholding the long-established precedent established in United States v. Wong Kim Ark, which affirmed the right to citizenship for anyone born in the U.S.

The episode also touches on the broader implications for the balance of power between the executive branch and the judiciary, as well as the role of the Supreme Court in maintaining the rule of law amidst political pressures.

Dreeben and Vance consider the stakes involved, emphasizing that a ruling in favor of the executive order could fundamentally alter the interpretation of the Constitution and the concept of American citizenship.

They conclude by discussing the importance of the Supreme Court's decision in setting a precedent for future challenges to constitutional norms and the potential impact on American society and its values.

Key Insights

• The executive order on birthright citizenship seeks to redefine the term 'subject to the jurisdiction' of the United States, challenging over a century of legal precedent established by the 14th Amendment.
• Historically, exceptions to birthright citizenship in the U.S. have been limited to children of foreign diplomats, enemy soldiers, and certain Native American tribes.
• The legal arguments supporting the executive order are considered a fringe theory, lacking support from previous court rulings or the legislative history of the 14th Amendment.
• A Supreme Court decision in favor of the executive order could fundamentally alter the interpretation of the Constitution and the concept of American citizenship.