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Donald Trump
U.S. President-elect Donald Trump speaks at a news conference at Trump's Mar-a-Lago resort on December 16, 2024 in Palm Beach, Florida.
Fox News legal analyst Jonathan Turley argued that it would be “virtually impossible” for President Donald Trump to end birthright citizenship with challenges in lower courts. Turley reacted Thursday after a federal judge found Trump's executive order banning birthright citizenship to be “blatantly unconstitutional.”
The Fox News analyst said the bid to end birthright citizenship was “the most vulnerable executive order of all of those issued by President Trump. The widespread expectation was this result,” Turley admitted. “The Supreme Court can, of course, change the interpretation of the 14th Amendment, although I would still say that that is unlikely.
“Frankly, I think that the Trump administration views this as winning either way,” he opined. “It plays well with a large number of citizens who don't agree with birthright citizenship.”
Turley acknowledged that it would be difficult to overturn a landmark 1898 Supreme Court case that found the son of Chinese parents to be a citizen because he was born in the U.S.
“It's been determined that anybody who is in this country who's not working as a diplomatic attache or something like that, or working diplomatically for an embassy, if they have a child in the United States, that child is an American citizen,” he explained. “This has been the longstanding precedent that the Supreme Court has followed. So it was virtually impossible that the Trump administration could prevail in the lower courts because they would feel bound by this case law.”