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SCOTUS Reversing Birthright Citizenship Would Be An 'Extraordinary' Move: Constitutional Lawyer
Forbes Breaking News
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5/16/2025
Constitutional lawyer Jeff Lewis joined "Forbes Newsroom" to discuss the Supreme Court potentially reversing birthright citizenship.
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00:00
A lot of the media and social commentary I've seen around this case is focusing on the actual
00:06
question of birthright citizenship and the legality under constitutional law. Were there
00:11
any questions today from any of the justices that hit at the heart of that issue? No, none of these
00:17
justices wanted to tackle that question because they know it's a loser. It's a loser for the
00:22
Trump administration. And none of the justices wanted to even touch it. And Maggie, I will buy
00:26
you lunch if the opinion issued in this case deals with the citizenship question directly.
00:33
And you say that because there's constitutional protection for birthright citizenship, and it
00:38
almost is, I don't put words in your mouth, but some of what I have been seeing in commentary,
00:42
admittedly on the more progressive side, is saying there's no way we can reconsider this. It is the
00:48
law of the land. Is that what you would say? Most people, even the conservative folks and the liberal
00:55
folks, agree that this view of the Constitution and its amendments has been around for so long
01:03
that to disturb it at this juncture, at this late juncture, would be extraordinary. As extraordinary
01:09
as it was reversing Roe v. Wade in light of how long Roe v. Wade was around. And so it's that
01:15
longstanding respect for the 14th Amendment that I think is going to compel these justices to leave
01:22
it alone. Is there any argument or case to be made that the time in which the 14th Amendment
01:30
was written is a different time than we are in now, and therefore the 14th Amendment should be
01:36
revisited? Does that argument hold water? Yeah, that's the precise argument advanced by
01:42
the Trump administration. It's interesting because typically conservatives and Justice Thomas will look
01:48
at the plain text of the Constitution or amendments. And the plain text seems to suggest that anyone
01:54
born here is a citizen and that you have to go through the history and what was happening to the
02:00
country at the time it was passed to contradict that plain text. And that's not typically an argument
02:05
you see conservative justices advancing.
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