Georgetown University Law School professor Jonathan Turley reacted to the administration’s defense of President Trump’s executive order banning birthright citizenship during a Fox News segment on Thursday, focusing on comments and mannerisms of one of Trump’s picks, Justice Amy Coney Barrett, during the proceedings.
At a couple of points during the hearing, Coney Barrett pursued an aggressive line of questioning with U.S. Solicitor General John Sauer, trying to pin him down on the Trump administration’s handling of and compliance with federal court orders, which drew criticism from MAGA supporters of the president.
“So the discussions that have gone on in the Supreme Court today…with regard to whether or not regional judges should have the ability to basically stamp down the intention of the executive branch, the President of the United States, in carrying out his agenda,” Fox News host Martha MacCallum said to begin the segment.
“And the framework for it in this discussion is whether or not the President can decide that birthright citizenship is not enshrined, that it was intended for another purpose, and that it should not be upheld in the United States today. So Jonathan, let me get your big picture look at what you heard today in the court, and what do you think it means?” she asked.
“Well, it got pretty sporty in there. There were some lively moments, at least lively for the Supreme Court. Justice Sotomayor came out very early and was arguing with counsel, and then drew a rare rebuke from the Chief Justice, saying, would you allow us to hear counsel’s answer?” Turley began.
“And she basically spoke over that. She continued to pepper him with questions. What we saw, in some cases what we expected, you had Alito, Thomas, very strongly it appears, on the side of the Trump administration,” he continued. “Kavanaugh appeared to be pretty solid. Roberts didn’t say much, but what he did say tended to work in favor of the administration. That’s, if you’re counting, that’s four.
As we expected, at least some of us did, Justice Kagan had some reversal to do. And during the Biden administration, she gave an interview blasting universal injunctions and form shopping. She came out of the gate saying, this case is different, and it led some of us to sort of chuckle,” Turley said, noting Kagan’s past history during the Biden administration of opposing nationwide injunctions.
“But she seemed solidly with the other liberal justices. It looks like we’re looking at Justice Gorsuch and Justice Barrett. Justice Barrett is probably the greatest concern right now for the Trump administration,” Turley added.
