EMERGENCY Episode 9.5 | Birthright Oral Argument

Our hosts, law professor Ilan Wurman and Kathryn Johnson, break down what they just heard at the Supreme Court oral argument over President Trump’s birthright citizenship executive order. They prognosticate on the result. Wong Kim Ark will not decide this case. Justice Barrett will be the critical vote: what is her theory of what connects ambassadors, invaders, and Indian tribes? What is the government’s theory of domicile? What is the plaintiffs’ theory of extraterritoriality? They are joined in the second half by guest Theo Wold, one of the architects of the executive order when he worked for the first Trump administration. What is at stake? Why does this issue feel so existential? What’s next if the Supreme Court rules against Trump? Tune in and enjoy this emergency pod.