Podbit · The Megyn Kelly Show
Following the ruling, legal commentator Bill Jacobson's proposals circulated — including mandatory pregnancy tests for visa applicants and automatic visa termination for pregnant female aliens. Kelly and Dershowitz debated how far the Trump administration could go, with Dershowitz preferring a legislative fix over rounding up pregnant women.
Where this was said
At 34:20 · chapter starts 30:00
The most legally technical section of the episode focuses on whether Congress has a viable path to narrow birthright citizenship without a constitutional amendment. Dershowitz [1] — Alan Dershowitz "Alan Dershowitz called birthright citizenship 'stupid, stupid, stupid' but argued the real fix lies with Congress, not the courts. Because …" 14:30 makes the case methodically: because no such legislation exists, the Supreme Court's statements about it are pure dictum — not binding precedent — and a carefully crafted statute could potentially peel away one or two justices when the issue returns to court. He suggests Congress hold hearings on the specific phenomenon of Chinese birth tourists and pass a targeted law declaring such individuals are not 'subject to the jurisdiction.' Kelly then reads Senator Jacob Howard's original Senate floor speech, in which the 14th Amendment's author explicitly states the clause does not cover foreigners or aliens, giving Dershowitz additional ammunition. Davis, however, pours cold water on the legislative route, arguing that five justices have already effectively constitutionalized birthright citizenship, making a statutory fix nearly impossible without a constitutional amendment requiring 38 states.
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