June 30, 2026

KURT SCHLICHTER: Cheer Up! The Birthright Citizenship Case Moves Us Toward Inevitable Victory.

Would I have loved Justice Barrett or Chief Justice Roberts to have defied their natural judicial conservatism—in the non-political sense—and embraced the new thinking today? Yeah, that would’ve been great, but it wasn’t in the cards. Instead, we got two votes that I frankly didn’t expect. And those two votes position us for victory. If one of those five majority justices goes away and President Donald Trump appoints the replacement, it’s very likely we will have a 6–3 majority that supports limiting the current idea of effectively unlimited birthright citizenship under the 14th Amendment.

Let me put it in sportsball terms. We didn’t score a touchdown today, but we moved the ball down the field and put ourselves in position for a field goal or maybe even a touchdown in the next couple of plays.

So don’t freak out, don’t cry, don’t scream and yell. There’s no reason to. This result was better than we had any right to expect at this juncture in the process of changing the way the 14th Amendment’s citizenship clause is viewed under the law. And this is why keeping the Senate in 2026 is more important than ever.

Cheer up. Don’t doom. We did better than we had any right to expect, and in the end we’re going to win.

Read the whole thing.

Related: Justice Ketanji Brown Jackson Uses … (Wait for It) … TikTok Slang in Concurring Opinion.

Posted at 4:14 pm by Ed Driscoll