Strict Scrutiny Will the Courts Let Trump End Birthright Citizenship?
19 snips
May 19, 2025 
In this episode, Elora Mukherjee, a Columbia Law School professor and director of the Immigrants' Rights Clinic, shares her expert insights on the controversial birthright citizenship case currently before the Supreme Court. They delve into the implications of a potential executive order to end citizenship by birth, discussing its challenges under the 14th Amendment. Mukherjee highlights how this could affect vulnerable families and the chaos it may instigate. The conversation also touches on the intersection of judicial independence and executive power.
AI Snips
Chapters
Books
Transcript
Episode notes
Flawed Executive Order on Citizenship
- The executive order to end birthright citizenship undermines the 14th Amendment and decades of legal precedent.
- Its implementation would render many babies stateless and disrupt long-standing citizenship norms.
Nationwide Injunction Importance
- Nationwide injunctions are crucial to prevent harmful executive orders from being enforced nationwide.
- Restricting their use would allow unconstitutional policies to persist in many states, harming vulnerable populations.
Chaos of Partial Implementation
- Implementing the birthright citizenship order inconsistently would create chaos and legal confusion.
- Hospitals would struggle to verify parents' status, and states might differ in recognizing citizenship rights.
