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The Prosecutors: Legal Briefs

211. Birthright Citizenship at the Supreme Court

The Prosecutors: Legal Briefs

PodcastOne

True Crime

4.41.9K Ratings

🗓️ 1 May 2026

⏱️ 52 minutes

🧾️ Download transcript

Summary

We discuss the oral arguments in the birthright citizenship case.

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Transcript

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0:00.0

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0:33.6

I'm Alice. And I'm Brett. And this is the prosecutor's legal clues.

0:38.7

I'm your host, Alice, and I'm joined as always by my good citizen of a co-host Brett.

1:09.2

Oh, thank you, Alice. I really appreciate that. It means a lot to me. You go out of your way to make sure that you never break out of jail, that you never troll people online. You're just such a good citizen. I am a good citizen. And yes, if you're in jail, you need to stay there because I'm sure it was a just conviction. And you have no right to be free, right?

1:28.7

No.

1:29.6

No.

1:30.2

If this is your first time tuning in, you can hear the sarcasm dripping from Brett's sick voice.

1:36.5

But here's the thing, sick or not, we are here because we have to cover the latest argument in this season of SCOTUS, which is, of course,

1:47.5

the birthright citizenship argument heard last week at this point. I don't know, sometime in April,

1:53.3

near the end of the term. You guys may be thinking, wait a second, Brent and Alice, you've talked

1:57.4

about birthright citizenship in another season of SCOTUS. Why has it come back? Because we thought this was the court of last resort. Well, you're kind of right. But here it comes again. So we covered this, what, two years ago? Has it been two years now? I think it was last January. If you want all the procedural background come back. It feels like two years ago at this point, you know.

2:17.9

We were on top of this. We were on top of this. It came up to the Supreme Court on universal

2:23.5

injunctions. You may remember about whether universal injunctions are proper for a district court

2:28.0

to employ. And the court ruled on that. And we said at the time, what did we say, Brett,

2:33.3

about the merits of the case? Because that was a procedural tool of the court. We that. And we said at the time, what did we say, Brett, about the merits of the case?

2:34.5

Because that was a procedural tool of the court. We said they should have just going ahead and done it then because it was just going to come back and they were going to have to deal with it later. And here we are. What a waste of time. Here we are. So I don't know about the waste of time, but they tried to dodge it. But they know they can't dodge it. So they came back up to the court because they went back down to the district court and what do you know it? The district courts, several of them. But I think the technical one that was appealed said that that birthright citizenship, as the Trump administration argued, did not have basis in the Constitution. And so here we have an argument about what does it

3:08.7

mean. Now, if you want the history of birthright citizenship, you should pause and look for our

3:13.1

previous episode on legal briefs. But no opinion has come out. No order has come out from the court yet.

...

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