Ted Cruz Explains Why Legal Scholars In Suspense Over How Supreme Court Will Rule On Birthright Citizenship

Republican Sen. Ted Cruz said Thursday on “Hannity” that the “open legal question” among legal scholars and the U.S. Supreme Court will be over the “method” President Donald Trump uses to end birthright citizenship.

The Supreme Court heard the Trump administration’s oral arguments Thursday on their push to enforce the birthright citizenship ban, after lower courts blocked the executive order. While discussing the issue, Fox host Sean Hannity asked Cruz how he thinks the Supreme Court might lean, with Cruz calling the issue a legal “slam dunk.”

“So there are two big legal issues at stake in the Supreme Court case. One, which is a massive legal issue, is the permissibility of nationwide injunctions from individual district judges. We’re seeing this,” Cruz said. “This is the new iteration of lawfare where left-wing attorneys general are suing President Trump in front of radical judges and getting national injunctions. I am very hopeful the Supreme Court will make clear in this case that nationwide injunctions are being abused against the Trump administration and will reign it in.”

“If we get a ruling like that, that will be a huge, huge victory to stop the latest iteration of lawfare that’s being waged against the president. The second big issue is the substantive issue of birthright citizenship. As I said, on a policy matter, I think it’s a slam dunk that ending birthright citizenship makes sense,” Cruz added. “It’s common sense.”

On his first day in office, Trump signed an executive order ending birthright citizenship for illegal migrants and temporary legal status immigrants. However, U.S. District Court Judge John Coughenour soon blocked the decision after multiple state attorneys general challenged it. (RELATED: Jonathan Turley Details ‘Pretty Hot Argument’ Over Nationwide Injunctions At Supreme Court)

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Cruz went on to say that the legal argument is over whether the end to birthright citizenship can be conducted either through a constitutional amendment or through Congress. The Republican senator said that regardless of the birthright decision, the issue of limiting nationwide injunctions being decided upon could be a “major celebration” for the Trump administration.

“There is an open legal question, Sean, about the method to do so, and legal scholars disagree. Some legal scholars argue that the only way to end birthright citizenship is through a constitutional amendment. Others argue that Congress could do it through a statute. What President Trump is arguing is that he could do it through an executive order,” Cruz said.

“It comes down to a debate over what the word ‘subject to the jurisdiction thereof’ means in the 14th Amendment. I don’t know how the Supreme Court is going to rule,” Cruz said. “It is possible that the Supreme Court will rule you can’t do this in an executive order, and they might say either it has to be a statute or either it has to be a constitutional amendment. That’s a real possibility. I will say if we get a ruling limiting nationwide injunctions, that will be a major cause to celebrate.”

During the oral arguments, the use of universal injunctions against the Trump administration remained a key focus, with some of the justices concerned about reining in their use. With Trump attempting to fulfill his campaign vows on illegal immigration and mass deportations, Democrats have pushed back against the plans, suing the administration, leaving the administration to bring key cases before the court.

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