President Donald Trump went on an unhinged 1 a.m. rant about the Supreme Court as it considers whether to allow him to scrap birthright citizenship.
The 79-year-old president suggested on Truth Social that it’s “too bad” the Supreme Court didn’t “study” Mark Levin’s Fox News show, in which the host argued that the 14th Amendment was not intended to grant birthright citizenship to children of undocumented immigrants.
“If they saw it they would never allow that money making HOAX to continue. THEY SHOULD USE THEIR POWERS OF COMMON SENSE FOR THE GOOD OF OUR COUNTRY,” Trump wrote.
“They failed miserably on Tariffs, needlessly costing the USA Hundreds of Billions of Dollars in potential rebates for the benefit haters and scammers. Why??? Don’t do it again! The Country can only withstand so many bad decisions from a Court that just doesn’t seem to care.”
The nation’s highest court heard oral arguments last week on whether the U.S. should stop granting citizenship to children of undocumented immigrants, as proposed in an executive order signed by Trump.
The move has been struck down by every lower federal court that has considered the challenge. The conservative Supreme Court, including justices nominated by Trump, also appears highly skeptical about whether the president can remove the citizenship clause.
Trump took the unusual step of sitting in on the April 1 hearing to watch the justices debate his push to end automatic birthright citizenship. The president stormed out of the hearing after the SCOTUS justices shot down several arguments from the administration’s attorney, Solicitor General D. John Sauer.
One of the sharpest exchanges came from Chief Justice John Roberts, who pushed back after Sauer suggested the framers of the 14th Amendment could not have foreseen how “we’re in a new world now,” with billions of people “one plane ride away from having a child who’s a U.S. citizen.”
“It’s a new world. It’s the same Constitution,” Roberts replied.
Elsewhere, Trump appointee Justice Neil Gorsuch pressed Sauer on whether children born to Native Americans in the U.S. should be considered birthright citizens.
“Ah, I think… so,” Sauer said. “I mean, obviously they’ve been granted citizenship by statute,” he added, referring to the Indian Citizenship Act of 1924.
Gorsuch noted that before the law was passed, children born to tribal Native Americans were not automatically considered birthright citizens.
During the Sunday episode of Life, Liberty and Levin, the pro-Trump Fox News host Mark Levin argued that the 14th Amendment was never intended to grant U.S. citizenship beyond freed Black slaves and their children.
“You on the court, you get to decide now on a big issue, you should leave it to the people in our elected representatives or the amendment process with a legislative process,” Levin said.
“But if you rule on this and constitutionalize this, you will be known as the most activist court in the history of the Supreme Court, and the damage is incalculable.”
Section 1 of the 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
