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Supreme Court Upholds Birthright Citizenship Despite Political Pressure from Trump

CUOMO · The One Institution Trump Can’t Control · July 2, 2026
Supreme Court Upholds Birthright Citizenship Despite Political Pressure from Trump
CUOMO
CUOMO
The One Institution Trump Can’t Control
"Birthright citizenship is a no-brainer. Why do you get to come here illegally, have a baby, and the baby's a citizen? That doesn't seem right. Seems wrong. But it's in the US Constitution as spelled out in the 14th Amendment and elsewhere."
The Supreme Court ruled 6-3 to uphold birthright citizenship in Trump v. Barbara, despite political opposition from the Trump administration. Cuomo acknowledges the political argument against birthright citizenship is compelling, but maintains the Constitution is clear and can only be changed through amendment, not executive order.

About this episode

Chris Cuomo delivers a sweeping defense of American democracy on its 250th anniversary, arguing that the United States remains the world's oldest functioning representative constitutional democracy and that the judiciary is the most reliable branch of government. Host Chris Cuomo systematically dismantles comparisons to other nations, noting the UK still has a monarchy, France's tumultuous revolutionary history, and Germany's relatively recent democratic establishment. He dedicates the bulk of the episode to analyzing recent Supreme Court decisions, arguing that despite their unpopularity with both Trump and progressives, they represent sound constitutional reasoning. On Trump v. Slaughter, Cuomo supports the 6-3 ruling granting presidents broad authority to fire agency heads, though he opposes how Trump exercises that power. He strongly defends the 6-3 birthright citizenship decision in Trump v. Barbara, calling it constitutionally obvious despite political objections. The transgender sports case receives qualified support, with Cuomo arguing the legal reasoning is sound even as he criticizes the political emphasis on a statistically tiny issue. Most notably, Cuomo highlights Justice Amy Coney Barrett's 5-4 decision allowing mail-in ballots postmarked by Election Day to arrive days later, calling it a crucial check on Republican voter suppression efforts. Throughout, Cuomo emphasizes that judicial precedent and constitutional fidelity matter more than political expedience, contrasting the judiciary's relative restraint with Congress's paralysis and executive overreach. He openly wrestles with personal existential questions at 56, uncertain of his professional future, while maintaining optimism about America's trajectory despite current political dysfunction.

Key takeaways

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