Law professor and former Donald Trump attorney Alan Dershowitz asserted that the president would lose his bid to end birthright citizenship in a 9-0 ruling by the Supreme Court.
"First of all, birthright citizenship will lose; Trump will lose that one," Dershowitz told Real America's Voice on Monday. "He can't just amend the Constitution himself."
"The 14th Amendment provides for birthright citizenship for anybody born in the country and subject to its jurisdiction. So, unless Congress makes certain people not subject to its jurisdiction, that constitutional amendment prevails over an executive order."
"The court didn't reach that issue, but when it reaches that issue, it will be nine to nothing against Trump on that."
Last week, the Supreme Court ruled that injunctions involving challenges to Trump's executive order limiting birthright citizenship can only affect individuals or groups directly involved in the lawsuits. It effectively stops nationwide injunctions from putting the order on hold.
But the court did not address the bigger picture involving the legality of the order.
Dershowitz became a controversial defender of Donald Trump during his first impeachment trial. Despite being a liberal Democrat, Dershowitz provided legal arguments supporting Trump's actions, effectively becoming a key ally during critical legal challenges.
On Monday, he argued that children of immigrants were entitled to citizenship because they were subject to the Constitution's 14th Amendment.
"Now, Congress maybe can pass a statute saying that a child under a certain age, born to illegal aliens, etc., they're not subject to the jurisdiction. Maybe, maybe that would prevail. That's questionable," he explained. "But without congressional legislation, there's just no chance that the administration's executive order will prevail over the language of the 14th Amendment."
"I think they're going to lose. They already lost three votes," he added. "And I think they'll lose Barrett. I think they'll lose Kavanaugh. I think they'll lose Roberts."
"Who knows about the others. But it will be at least six or three against them, perhaps as much as nine [to] nothing."
