Hendrix's Eccentric Commentary

1/23/2025

There seems to be a widespread belief that the courts will stop Trump’s attempt to end birthright citizenship for the children of undocumented immigrants. No matter what the lower courts do, this case is obviously headed to the Supreme Court. I cannot fully speak to all of the legal and Constitutional issues, but I will state that my read on the Supreme Court is, putting it bluntly, that they are in the tank for Trump and conservatives. The Dobbs decision overturning Roe shows that the Court is quite willing to ignore precedent. Beyond this, while the Supremes will buck Trump on minor issues to demonstrate independence, on major issues, as in the immunity decision, they are quite willing to be “creative” in finding a way around the Constitution, to give Trump what he wants. My guess is that undocumented immigrants will be defined as “not under the jurisdiction of” the United States and so their children are not entitled to birthright citizenship.