Trump's legal nemesis makes major prediction about president's pet Supreme Court case

President Donald Trump's executive order eliminating birthright citizenship is going to go down in flames at the Supreme Court, former ethics czar and impeachment attorney Norm Eisen confidently predicted on MS NOW's "Morning Joe" Wednesday.

"So, Norm, your organization,Democracy Defenders, co-counselto the ACLU in this case,challenging Donald Trump's useof the executive order here,defending the 14th Amendment," said anchor Willie Geist. "This is not the first time thata case like this aroundbirthright citizenship has beenargued before the Supreme Court.What is the case you all willbe making today?"

"We will make the case thatsince the founding of theUnited States, it's beenunderstood that the children ofmigrants born here are citizens," said Eisen. "That's an ancient tradition inAnglo-American law. It wasreaffirmed in the 14thAmendment. There's no realserious question about that. And that was confirmed, really,in 1898 in the Wong Kim Arkcase."

"So this has been goodSupreme Court law for over acentury," Eisen continued. "Congress has passed astatute reaffirming this. Anduntil the farcicalintellectual gyrations ofDonald Trump, where he doesn'tfollow the law, he thinks thelaw should follow him, nobodyseriously questioned that thechildren of migrants born inthis country were citizens ofthe country."

The bottom line, he added, is that "Donald Trumpdoesn't get to choose whichbabies born here are citizens.The Constitution and the 14thAmendment make that choice."

Trump is planning to attend the Supreme Court arguments himself, Eisen noted — the first time in U.S. history a sitting president has done this.

"I'll be in court with the legalteam today, and I'm lookingforward to Donald Trump hearingdirectly from a majority of thejustices on the Supreme Court bench that these arguments he'smaking, like so many of hisother attacks on the rule oflaw, fly in the face of theConstitution and our laws," said Eisen.

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