Episode 966: Trump v. Barbara, the birthright citizenship case
Newt's World
Gingrich 360
4.6 • 6.4K Ratings
🗓️ 12 April 2026
⏱️ 38 minutes
🧾️ Download transcript
Summary
Newt talks with Zack Smith, Senior Legal Fellow at The Heritage Foundation, about Trump v. Barbara, also known as the birthright citizenship case. The Supreme Court heard oral arguments on April 1, 2026, to determine if President Trump’s executive order violates the 14th Amendment’s Citizenship Clause. Trump’s order seeks to deny automatic U.S. citizenship to children born in the U.S. to undocumented or temporary visa holding parents. The key issues include the meaning of the "subject to the jurisdiction thereof" language in the 14th Amendment, which the Trump administration argues was intended to only grant citizenship to children of U.S. citizens or permanent residents, not to those born to temporary or illegal residents. They also discuss whether the historical context and original understanding of the 14th Amendment at the time of its adoption supports the administration's position, or the broader interpretation of birthright citizenship. Modern issues like "birth tourism" and the ability for large numbers of people to easily travel to the U.S. to give birth, are discussed in the context of the intent of the 14th Amendment's framers. The Court appeared divided during oral arguments, with some justices seeming skeptical of the administration's position, but Smith notes it is difficult to predict the ultimate outcome. A decision is expected by the end of the Court's term in late June 2026.
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| 0:00.0 | This is an I-Heart podcast. |
| 0:02.5 | Guaranteed Human. |
| 0:08.4 | Welcome to Nudes World Podcast on the IHeart Podcast Network. |
| 0:13.6 | I have to say, having looked at the Iranian version of a peace plan, and having looked at what the president originally talked about, |
| 0:22.4 | I am very concerned. The Iranians have taken a very aggressive position. Basically, I think, |
| 0:30.9 | have set this up to fail, and I think the Iranians believe they can withstand whatever the United |
| 0:37.2 | States will do, because they believe that they withstand whatever the United States will do because they believe |
| 0:39.6 | that controlling the Strait of Ramos allows them to create so much economic pain around the |
| 0:47.8 | world that the world simply won't tolerate the U.S. continuing with a bombing campaign. |
| 0:58.6 | So I'm very worried. I don't know what President Trump thinks he's going to accomplish. I have not seen any indication that the Iranians in any way |
| 1:06.3 | feel under pressure to do anything substantive. And you see the same thing happening, frankly, |
| 1:12.4 | in Gaza, where Hamas still controls about one-third of Gaza. And as recently as two days ago, |
| 1:19.7 | one of the leaders of Hamas said publicly, we're not giving up anything. And we're certainly not |
| 1:24.9 | giving up our commitment that not a single Jew will remain. |
| 1:29.2 | So I think that there's been a desperation to end violence in the West, which became more important than the need to stop what could well be a nuclear threat from Iran and could well be an existential threat to Israel |
| 1:48.5 | from Hamas. All I can tell you is I worked with Reagan. I believe trust but verify is a good ground |
| 1:55.9 | rule. I was there for his entire eight years and looked at the things that went on. |
| 2:02.0 | I don't think there's much here to verify, but I'll keep watching and I'll keep reporting. |
| 2:08.4 | Coming up, I'm joined by Zach Smith, senior legal fellow at the Heritage Foundation, |
| 2:14.3 | and we're going to discuss the recent Supreme Court hearing on Trump v. Barbara, |
| 2:19.4 | which is also known as the birthright citizenship case. |
| 2:29.5 | I am really pleased to welcome my guest, Zach Smith, senior legal fellow at the Heritage Foundation. |
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