This is John Batchel, conversation with Professor Richard Epstein about the birthright citizenship case

argued orally before the Supreme Court in these last days. I ask Richard how he believes the court will vote,

will get that opinion probably the middle of summer, the end of June. Richard has a headcount,

and it's a surprise.

Here's Richard Epstein on birthright citizenship.

More tonight.

With respect to the question of children of illegal aliens, the answer is they will uphold the statute on grounds that are incorrect.

But with respect to the birthright tourism,

it's clear to me that that's going to be a divided vote,

and it may well be there are five votes,

who once they look at the abuses and realize what, in fact, the 1870 Act said,

and that may be struck down.

And that's the more important piece at this point.

Less about illegal aliens.

It's more about birth rights for tort.