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Stay Tuned with Preet

Will SCOTUS Let Trump Rewrite Birthright Citizenship? (with Michael Dreeben)

Stay Tuned with Preet

Vox Media Podcast Network

News, Government, Politics, Society & Culture

4.832.3K Ratings

🗓️ 13 January 2026

⏱️ 11 minutes

🧾️ Download transcript

Summary

Will the Supreme Court uphold President Trump’s executive order attempting to limit birthright citizenship? In this excerpt from the Insider podcast, former Deputy Solicitor General Michael Dreeben joins Joyce Vance to discuss the forthcoming oral arguments in a case challenging one of President Trump’s most aggressive immigration policies.  In the full episode, Joyce and Michael discuss a challenge to the long-standing precedent in Humphrey’s Executor, issues connected to the National Guard deployment, and the state of the Department of Justice. Does DOJ have strong enough institutional guardrails to withstand political pressure from Trump administration leaders? And how can DOJ reassure the public that it is doing its job fairly and without political influence?   CAFE Insiders click HERE to listen to the full analysis.  Not an Insider? Now more than ever, it’s critical to stay tuned. To join a community of reasoned voices in unreasonable times, become an Insider today. You’ll get access to full episodes of the podcast and other exclusive content. Head to cafe.com/insider or staytuned.substack.com/subscribe.  Subscribe to our YouTube channel. This podcast is brought to you by CAFE and Vox Media Podcast Network.  Executive Producer: Tamara Sepper; Supervising Producer: Jake Kaplan; Associate Producer: Claudia Hernández; Audio Producer: Matthew Billy; CAFE Team: Celine Rohr, Nat Weiner, Jennifer Indig, and Liana Greenway. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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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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