Republican Senator Ted Cruz, speaking on Fox News’ “Hannity” on Thursday, stated that the Supreme Court’s deliberations on birthright citizenship will center on the “method” President Donald Trump uses to implement the policy change. This comes as the Supreme Court heard oral arguments on the Trump administration’s effort to enforce a ban on birthright citizenship, a move challenged by lower courts.
The legal battle stems from Trump’s executive order, issued early in his presidency, which sought to end birthright citizenship for children of illegal migrants and those with temporary legal status. U.S. District Court Judge John Coughenour subsequently blocked the order following challenges from several state attorneys general.
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During his appearance on “Hannity,” Cruz emphasized two critical legal issues at stake. “One, which is a massive legal issue, is the permissibility of nationwide injunctions from individual district judges,” Cruz explained.
He criticized the use of these injunctions, labeling them “lawfare” employed by left-wing attorneys general against the Trump administration. Cruz expressed hope that the Supreme Court would curb the use of nationwide injunctions.
The second issue, according to Cruz, is the “substantive issue of birthright citizenship.” He reiterated his stance that ending birthright citizenship is a matter of “common sense.” However, he acknowledged the legal debate surrounding the appropriate method for implementing such a change.
“There is an open legal question, Sean, about the method to do so, and legal scholars disagree,” Cruz said. “Some legal scholars argue that the only way to end birthright citizenship is through a constitutional amendment. Others argue that Congress could do it through a statute. What President Trump is arguing is that he could do it through an executive order.”
The core of the dispute revolves around the interpretation of the phrase “subject to the jurisdiction thereof” in the 14th Amendment. Cruz admitted uncertainty about the Supreme Court’s ruling, acknowledging the possibility that the court might require either a statute or a constitutional amendment to enact the change.
“It is possible that the Supreme Court will rule you can’t do this in an executive order, and they might say either it has to be a statute or either it has to be a constitutional amendment. That’s a real possibility,” Cruz stated.
The issue of universal injunctions also took center stage during the oral arguments, with justices expressing concerns about their use. The Trump administration’s push to enforce its immigration policies has faced significant legal challenges from Democrats, leading to numerous court battles.
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Cruz concluded by saying that a Supreme Court ruling limiting nationwide injunctions would be “a major cause to celebrate” for the Trump administration, regardless of the outcome on the birthright citizenship issue itself.
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