Civil Action Podcast

Civil Action: Ninth Circuit Shuts Down Trump’s Birthright Citizenship Attack

Attorneys Brian Kabateck and Shant Karnikian break down the Ninth Circuit’s decisive rejection of Trump’s executive order attempting to eliminate birthright citizenship, calling it “flatly inconsistent” with the 14th Amendment’s text and history. They trace the constitutional foundation from the post-Civil War amendments that overturned the horrific Dred Scott decision to the 1898 Wong Kim Ark case that confirmed citizenship for children born to non-citizen parents. The hosts reveal how congressional drafting history explicitly rejected any wiggle room to exclude children of undocumented immigrants, with even opponents of the 14th Amendment acknowledging it would grant citizenship regardless of parents’ legal status. They examine the procedural implications following the Supreme Court’s June ruling on nationwide injunctions, explaining how this circuit court decision affects the entire Western United States and sets up an inevitable Supreme Court showdown. A critical analysis of how Trump’s attempt to rewrite the Constitution with “the stroke of a pen” threatens fundamental rights beyond immigration, proving that when executive overreach meets constitutional bedrock, the Constitution still wins—for now.