The Brian Lehrer Show SCOTUS Takes on Birthright Citizenship and More
May 20, 2025
Nina Totenberg, NPR's seasoned legal affairs correspondent, dives into recent Supreme Court discussions surrounding birthright citizenship and nationwide injunctions. She unpacks the complexities of the 14th Amendment and the varying interpretations across jurisdictions, revealing how 'judge shopping' impacts citizenship rulings. Totenberg discusses the tense dynamics between the Supreme Court and the Trump administration over immigration, shedding light on key cases that underscore due process rights for those facing deportation.
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Nationwide Injunctions & Citizenship
- The case focused on whether a nationwide injunction can stop a presidential executive order during litigation.
- This could lead to varied citizenship status across states depending on local court rulings.
Judge Shopping & National Rulings
- Presidents from both parties object to national application of district court rulings due to judge shopping.
- Texas' Fifth Circuit permits judge selection, leading to more conservative rulings.
14th Amendment & Birthright Citizenship
- The 14th Amendment establishes birthright citizenship clearly, except for diplomats, occupying armies, and certain Indian tribes.
- The Supreme Court affirmed this principle 127 years ago, making it settled law.