A few key paragraphs:
[Townhall] Are you ready to be sad? Because I’m not going to sugarcoat it for you. I’m not going to whistle a happy tune as I blow sunshine up your Schumer. We are not going to win the birthright citizenship case at the US Supreme Court. It’s not going to happen for a number of reasons. I wish it would happen. I also wish I could get a unicorn for my birthday. It’s not going to happen, and I want to let you know why so you don’t freak out. It’s not the result of a conspiracy. It’s not because everybody else is stupid, one justice notwithstanding. It’s because that’s how the legal system works. You don’t have to like it. You do have to understand it if you don’t want to be emotionally incontinent every time something in a courtroom doesn’t go your way.
I respect you enough to tell you how it’s going to be. And it’s not going to be what you hope.
So, here’s your spoiler. We’re going to lose this case, likely on procedural grounds rather than on the issue of birthright citizenship itself. What it is probably going to be is the justices somehow ruling that Trump’s executive order banning birthright citizenship is procedurally flawed and unenforceable. The majority opinion is probably not even going to reach whether the 14th Amendment requires birthright citizenship. Now, the three leftist justices will probably write a concurrence to that effect, but that’s not going to be the holding of the case that creates precedent. Their avoiding a ruling on the constitutionality of Trump’s birthright citizenship ban is not necessarily because the other justices are cowardly, though it does provide a great excuse to avoid a great controversy. There is a principle in the law that courts will avoid ruling something unconstitutional if they can do so on some other ground. And they will be most happy to do so here.
You see, judges don’t like weighing in on big controversies. This is a controversy, even if you don’t agree with the other side’s position. Many people agree with the other side’s position. Whichever way the Court rules, it’s going to take heat. You take more heat for upsetting the status quo, so judges tend not to do it. They will, but not necessarily the first time they face an issue. Roe v. Wade lasted 50 years before it was overturned. It is a huge ask to appeal to the Supreme Court to change something we’ve been doing for so long. Do not underestimate the tendency of the courts to maintain the status quo. Obviously, this doesn’t apply to leftist judges, as we’ve seen with the disgraceful conduct of the district courts. They often ignore this norm when it comes to Donald Trump
...Oh, noze! Not him!...'s actions. But the higher courts, particularly the Supreme Court, tend to avoid major changes when they can. And here, they can. They can say Trump’s executive order is somehow procedurally inappropriate, and they don’t need to talk about the 14th Amendment at all. I think it’s likely, though not certain, that they will.
I’m not saying this is right. I’m saying this is reality. You can either accept reality and work around it to win, or you can be mad. Personally, I prefer to channel my energy into victory.
And we can have victory. The arguments were very interesting because they set the stage for some statutory fixes that could pass constitutional muster. We’re not going to get a constitutional amendment that is going to change things in the foreseeable future, but by raising these arguments and spotlighting some of the practical consequences of birthright citizenship, Trump has set the stage for legislation that can address some of these issues while remaining in compliance with the birthright citizenship interpretation of the 14th Amendment.
So, there are practical steps we can take to ameliorate some of these problems. But the big problem is the birthright citizenship interpretation of the 14th Amendment. Sadly, that’s not going to get fixed by this case. It just isn’t. But we’ve started a discussion of the subject. We’ve started the fight. And now we just have to finish it.
But it’s not going to help by freaking out, being demoralized, blackpilling, or whining about how we didn’t get our way this time. If you’re not paying attention, let me help you. We’re winning about 90% of our cases. We lost tariffs, sort of, and we are going to lose this, sort of. We’ve won everything else. The Trump Justice Department’s track record is astonishing.
There’s a saying among trial lawyers that if you never lose, it’s because you never try cases. If we’re pushing the envelope, sometimes we’re going to push until the envelope tears. That’s a good thing. So, don’t be discouraged. We’re never going to win all our court cases. Sometimes we’re going to lose, and it’s going to hurt. So what? Welcome to real life. The answer isn’t to throw up our hands in despair. The answer is to keep fighting.
Related:
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Birthright citizenship 04/03/2026 Almost 10% of all US Newborns Have Non-Citizen Parents-Birthright Tourism
Birthright citizenship 04/02/2026 'F*** him to his face': Congresswoman launches 'deranged psycho' F-bomb spree as Trump attends Supreme Court on birthright citizenship
Birthright citizenship 04/05/2026 Moon Propaganda: How the US is covering up its failure in Iran with space successes
Birthright citizenship 04/03/2026 Almost 10% of all US Newborns Have Non-Citizen Parents-Birthright Tourism
Birthright citizenship 04/02/2026 'F*** him to his face': Congresswoman launches 'deranged psycho' F-bomb spree as Trump attends Supreme Court on birthright citizenship