The Most Surprising Part of the Birthright-Citizenship Decision
A conversation with Quinta Jurecic about how the recent rulings will affect the president’s power
TL;DR
- The Supreme Court's recent rulings have presented a complex picture of presidential power, with some decisions broadly affirming it and others seeming to rebuff the president's agenda.
- A surprising aspect was the close vote (5-4 or 6-3) in striking down an executive order ending birthright citizenship for children of noncitizens, with Justice Kavanaugh's vote being a key factor.
- The Court also ruled that the president has wide-ranging authority to fire Senate-confirmed leadership at independent agencies under the "unitary executive" theory, but carved out an exception for the Federal Reserve.
- In cultural-war issues, the Court upheld state bans preventing trans women and girls from participating in school sports teams that match their gender identity.
- The birthright-citizenship ruling is seen as a loss for Trump, while the broader executive power affirmation in other cases is viewed as a win for him and the conservative movement.