Will SCOTUS Let Trump Rewrite Birthright Citizenship? (with Michael Dreeben)
Stay Tuned with Preet
Vox Media Podcast Network
4.8 • 32.3K Ratings
🗓️ 13 January 2026
⏱️ 11 minutes
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| 0:00.0 | Hey folks, Joyce Vance here. We've got a new special episode of The Insider podcast out. |
| 0:07.0 | Joining me as my friend and former colleague, Michael Dreben. Michael spent more than 30 years in the |
| 0:12.7 | Solicitor General's office. That's the Justice Department's office that represents the United |
| 0:17.1 | States before the Supreme Court. Michael has argued more than 100 cases before the Supreme Court. |
| 0:23.5 | We walk through several major legal questions that have reached the Supreme Court this term. |
| 0:28.4 | President Trump's attempt to limit birthright citizenship, a challenge to the longstanding |
| 0:32.9 | precedent Humphrey's executor, and issues connected to the National Guard deployment. If you're a member |
| 0:38.8 | of Cafe Insider, head to the insider feed or click the link in the show notes of this podcast to hear |
| 0:44.6 | the full analysis. Stay tuned, listeners. Stick around for an excerpt from our conversation. |
| 0:50.8 | Members of Insider help support our work and get access to full episodes and other subscriber benefits. |
| 0:57.0 | We're living in unreasonable times. So join our community of reasonable voices. |
| 1:02.9 | Head to cafe.com slash insider or stay tuned.substack.com. |
| 1:08.1 | And now, on to the show. |
| 1:12.7 | Let's move on to the birthright citizenship case, because here, in order for the president to win, in order for Donald Trump to be able to write birthright citizenship out of the 14th Amendment, we would have to bypass the commonly accepted and much |
| 1:28.5 | lengthier provision that's made for amending these sorts of provisions. |
| 1:33.4 | And what it comes down to, I guess, is the language of the 14th Amendment, which guarantees |
| 1:37.9 | citizenship to all persons born or naturalized in the United States and subject to the jurisdiction thereof. |
| 1:46.2 | And the Solicitor General has a novel argument trying to reinterpret that part of the provision |
| 1:52.6 | in a way that would allow the administration to do a way, largely do away with birthright |
| 1:58.4 | citizenship. What does that argument involve, and do you |
| 2:02.1 | buy the administration's argument? So this is one of the areas where the administration has |
| 2:08.5 | injected a very broad and aggressive legal theory into an overall program on immigration. |
... |
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