Quote · The Ben Shapiro Show
Ep. 2456 - LIVE: Ben Breaks Down SCOTUS on Birthright Citizenship
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Kavanaugh's Partial Dissent and the Bottom Line on Birthright Citizenship
At 53:45 · chapter starts 52:15
With the three main opinions covered, Shapiro turns to Kavanaugh's unusual concurrence-in-part, dissent-in-part. Kavanaugh agrees with Thomas and Alito that the 14th Amendment does not constitutionally mandate birthright citizenship, but argues that existing federal statute — last amended in 1940 — does provide it, and that Congress can change that statute. This was the 'off-ramp' Ilya Shapiro later says he expected the court to take, which would have returned the question to the political branches without resolving the constitutional question. Instead, Roberts's majority ruled on constitutional grounds, making any legislative fix insufficient — only a constitutional amendment would now change birthright citizenship. Shapiro closes the section with his recurring refrain: Congress and the presidency have abdicated their responsibility on immigration for decades, and Trump is the first president in his lifetime to attempt to stop it.
