About this episode

Newt discusses the birthright citizenship case Trump v. Barbara with legal expert Zack Smith.

Newt talks with Zack Smith, Senior Legal Fellow at The Heritage Foundation, about Trump v. Barbara, also known as the birthright citizenship case. The Supreme Court heard oral arguments on April 1, 2026, to determine if President Trump’s executive order violates the 14th Amendment’s Citizenship Clause. Trump’s order seeks to deny automatic U.S. citizenship to children born in the U.S. to undocumented or temporary visa holding parents. The key issues include the meaning of the "subject to the jurisdiction thereof" language in the 14th Amendment, which the Trump administration argues was intended to only grant citizenship to children of U.S. citizens or permanent residents, not to those born to temporary or illegal residents. They also discuss whether the historical context and original understanding of the 14th Amendment at the time of its adoption supports the administration's position, or the broader interpretation of birthright citizenship. Modern issues like "birth tourism" and the ability for large numbers of people to easily travel to the U.S. to give birth, are discussed in the context of the intent of the 14th Amendment's framers. The Court appeared…

People in this episode

Host: Newt

Guest: Zack Smith

Topics covered

• birthright citizenship
• Supreme Court
• 14th Amendment
• Trump administration
• legal analysis

Keywords

• Trump v. Barbara
• executive order
• Citizenship Clause
• birth tourism
• jurisdiction
• 14th Amendment
• Supreme Court oral arguments
• historical context
• original understanding

Mentioned in this episode

Places: U.S.

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