Harvard Law Professor Alan Dershowitz said the Supreme Court was likely to rule against President Donald Trump’s bid to end birthright citizenship in the U.S.
Following Supreme Court oral arguments on Wednesday, Newsmax host Bianca de la Garza asked Dershowitz to predict how the justices would rule.
“I think the Trump administration wants the Supreme Court to hold that there’s an absolute rule that says you can’t be a citizen just because you’re born in the United States,” Dershowitz said. “The [14th] amendment itself gives to Congress the right to implement this amendment, and it can do it in a way that makes sense.”
“Look into the crystal ball, where does this go, when do we get the decision, and which way is it?” the Newsmax host wondered. “And is there a way for them to make a decision, but have it be sort of split the baby?”
“There is, but I think the court could say that absent congressional legislation, we have to take the words of the Constitution literally,” Dershowitz explained. “But it might say in dictum that Congress has the power to decide who is subject to the jurisdiction of the United States.”
“I don’t think we’re going to see outright victory for President Trump’s point of view on this,” he added. “It’s conceivable we would see a victory for the other side, but it’s also very likely that we’ll see some intermediate decision.”
“You never can predict how the court’s going to come out based on oral argument, but the oral argument is trending away from the president.”
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