The Nova Society

Birthright Citizenship in the SCOTUS S5E81 07.10.2026

Dr. Mark George Bound, Dr. Scott Gerschwer, & Dr. Brooklynn Ann Welden Season 5 Episode 81

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0:00 | 35:52

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Brian from Denver, Colorado writes:

It feels like the Supreme Court may have rediscovered its backbone. This past week delivered several significant setbacks for Donald Trump’s legal agenda. The Court overturned his attempt to fire FTC Commissioner Rebecca Kelly Slaughter, reaffirming the limits on the president's removal power. 

More consequentially, the justices upheld birthright citizenship, a principle written plainly into the 14th Amendment.

But I’ll admit, I’m puzzled. The decision was 6–3. I’m not a lawyer, but birthright citizenship isn’t exactly an interpretive puzzle; it’s spelled out in the Constitution in clear, unmistakable language. So how do three members of the country's highest court read the same text and arrive at completely different conclusions? 

I’d really like to hear how the panel makes sense of that divide.

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