PM Show Hr 1 | Prof Josh Blackman on Current SCOTUS and How They Will Look at Challenges

The Michael Berry Show opens with a historic moment: President Trump becoming the first sitting U.S. president to attend oral arguments before the Supreme Court, in a case challenging birthright citizenship. The episode explores the legal and political implications of Trump's executive order, which sought to deny citizenship to children born in the U.S. to undocumented parents, arguing that the 14th Amendment’s 'subject to the jurisdiction' clause was meant to exclude those with divided loyalties, such as birth tourists. Professor Josh Blackman, a leading SCOTUS expert, analyzes the case, noting that while Trump’s appointees—Kavanaugh, Gorsuch, and Barrett—appear to be critical of the government’s argument, they are unlikely to side with the president. Blackman suggests the justices may rule against Trump, citing the long-standing precedent and societal integration of birthright citizenship. The discussion expands to other high-profile cases, including a Colorado law restricting therapists from counseling minors who wish to affirm their gender identity, which the Supreme Court ruled unconstitutional on free speech grounds. Another case, Louisiana’s race-based congressional districting, is criticized as a modern form of racial gerrymandering, with Blackman expressing frustration over the Court’s delayed rulings, particularly when they risk affecting upcoming elections. The episode concludes with a broader critique of judicial timidity, especially under Chief Justice Roberts, and a call for justices with stronger constitutional principles.