Stay Tuned with Preet Will SCOTUS Let Trump Rewrite Birthright Citizenship? (with Michael Dreeben)
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Jan 13, 2026 
Michael Dreeben, a former Deputy Solicitor General with over 30 years of experience arguing Supreme Court cases, offers deep insights into the challenges surrounding President Trump's executive order on birthright citizenship. He discusses the historical context of the 14th Amendment, examining pivotal Supreme Court rulings like Wong Kim Ark. Dreeben highlights the uphill battle the administration faces due to established legal precedents and the broader implications for the rule of law and separation of powers.
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Broad Legal Attack On Birthright Citizenship
- The administration advanced a novel, aggressive theory to curtail birthright citizenship under the 14th Amendment.
- Michael Dreeben says that claim conflicts with long-standing precedent like United States v. Wong Kim Ark and faces an uphill battle.
Case Symbolizes A National Identity Shift
- The case symbolizes a broader attempt to change who counts as American amid immigration debates.
- Dreeben frames the legal fight as part of efforts to shift national identity and politics.
Century-Long Tradition Of Birthright Citizenship
- For over a century, citizenship by birth has been the norm with limited exceptions like diplomats and occupying forces.
- Dreeben emphasizes that the executive order targets children of people he says are here illegally or temporarily, relying on a fringe interpretation.
