Three oral argument exchanges show why Trump will lose the birthright citizenship case

Published April 2, 2026 11:39am ET



It is not surprising that the three liberal justices on the Supreme Court were antagonistic toward President Donald Trump’s Solicitor General John Sauer during oral argument in Trump v. Barbara on Wednesday, nor were some of the softballs tossed Sauer’s way by Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

But there were three key exchanges between Sauer and the other three justices that not only get to the heart of the legal questions involved, but also indicate that Trump will most likely lose this case when it is released later this June.

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