The Majority Report with Sam Seder

Episode: 2499 - Trump's Birthright Citizenship Run-Around w/ Jeet Heer
Release Date: May 16, 2025
Host: Sam Seder
Guest: Jeet Heer, National Affairs Correspondent for The Nation and Host of The Time of Monsters Podcast

Introduction and Episode Overview

In Episode 2499 of The Majority Report, Sam Seder welcomes Jeet Heer to discuss the intricate and contentious issue of former President Donald Trump's attempts to overturn birthright citizenship, alongside other pressing national and international political topics. The episode delves deep into the legal battles surrounding the 14th Amendment, Trump's foreign policy maneuvers in the Middle East, and the internal dynamics of the Republican Party amidst significant policy proposals.

Trump's Birthright Citizenship Bid and the Supreme Court Hearing

The episode opens with a detailed examination of the Supreme Court hearing addressing Trump's executive order aimed at nullifying birthright citizenship as provided by the 14th Amendment. Sam Seder outlines the historical significance of the 14th Amendment, established post-Civil War to ensure citizenship for all individuals born in the United States, regardless of their parents' status.

Key Points:

• Trump's Executive Order: Signed on his first day in office, it aimed to exclude individuals without proper documentation or those merely visiting on visas from conferring citizenship to their children.
• Legal Challenges: The administration faced numerous defeats in lower courts, leading them to escalate the matter to the Supreme Court—not to address the constitutional question directly but to challenge the lower courts' use of nationwide injunctions.

Notable Quote:

Sam Seder (09:03): "Donald Trump, on his first day of his administration, signed an executive order basically saying that it didn't apply to people who are in this country, who were born in this country if they were here without documentation or if they were here just visiting and."

Judicial Perspectives on Nationwide Injunctions

The discussion transitions to the arguments presented by Justices Elena Kagan and Ketanji Brown Jackson during the Supreme Court hearing. The administration's strategy was to limit the scope of the injunctions to individual cases rather than allowing a blanket nationwide effect.

Key Points:

• Justice Kagan's Stance (12:49): Criticizes the government's approach for avoiding the substantive question of birthright citizenship, focusing instead on procedural limits of injunctions.
• Justice Jackson's Counterpoint (14:07): Highlights the impracticality of the administration's argument, emphasizing that if the government continues to lose cases, it could indefinitely prevent a nationwide resolution.

Notable Quotes:

Justice Kagan (13:01): "We have an adversarial system, and if the government is not respecting circuit precedent, someone injured in the Second Circuit could take the case up."

Justice Jackson (16:46): "It seems to me that your argument says we get to keep on doing it until everyone who is potentially harmed by it figures out how to file a lawsuit, hire a lawyer, et cetera."

Implications of the Birthright Citizenship Ruling

Sam Seder and Jeet Heer explore the broader consequences of the Court's potential ruling. If the Supreme Court sides with the administration, it could set a precedent that allows indefinite challenges to the 14th Amendment, leaving millions in legal limbo.

Key Points:

• Endless Litigation: Individuals could continuously challenge the administration's actions, but without a unified nationwide injunction, systemic resolution remains elusive.
• Government's Incentive: The government lacks motivation to present a consolidated case to the Supreme Court, prolonging uncertainty and instability in citizenship laws.

Notable Quote:

Sam Seder (15:36): "He’s trying to get the courts to voluntarily restrict their own power over the executive branch... that there's no merit."

Trump's Foreign Policy in the Middle East: A Discussion

Jeet Heer provides an insightful analysis of Trump's foreign policy, contrasting it with President Biden's approach. Contrary to Biden's ideological commitments, particularly towards Zionism and longstanding alliances, Trump adopts a more transactional and unorthodox stance.

Key Points:

• Transactional Diplomacy: Trump's willingness to negotiate directly with unconventional and adversarial actors like Hamas, aiming for deals that could include personal enrichment or other kickbacks.
• Contrast with Biden: While Biden maintained traditional Cold War-based alliances, Trump steps outside these norms, engaging directly with nations like Qatar and Syria.
• Impact on Israel-Palestine Conflict: Despite his unorthodox methods, Trump's policies are criticized for perpetuating violence and lack of clear resolutions in Gaza and Palestine.

Notable Quote:

Jeet Heer (31:17): "In comparison to Biden's ideological policy of commitment to Zionism above all else, Trump, as bad as he is, kind of looks a little bit better."

Domestic Policy Battles: Medicaid, SNAP, and the Big Bill

The conversation shifts to the legislative battles within the House Republicans to pass significant budget cuts targeting Medicaid and SNAP (Supplemental Nutrition Assistance Program), coupled with tax cuts favoring the wealthy. The proposed "big beautiful bill" faces internal opposition, particularly from fiscal conservatives seeking harsher cuts.

Key Points:

• Budget Committee Vote: The bill was narrowly blocked with a 16-21 vote, indicating significant fractures within the Republican ranks.
• Impact of Cuts: Proposed reductions are projected to adversely affect millions, including around 2 million children who would receive less assistance.
• Republican Factions: Moderates are concerned about overstepping and further alienating low-income constituents, while hardliners push for more aggressive cuts irrespective of public backlash.

Notable Quote:

Jeet Heer (60:30): "The Republicans have a real vulnerability because of Trump... emphasizing the need to have a strong anti-oligarchy message."

GOP Internal Dynamics and Future Political Prospects

Jeet Heer and Sam Seder discuss the internal struggles within the Republican Party, highlighting the tension between Trump loyalists and moderates. The inability to present a united front threatens the party's coherence and electoral prospects.

Key Points:

• Factional Battles: The presence of both American First Republicans and neoconservative hawks creates conflicting priorities and strategies.
• Impact on Legislation: Internal discord hampers the party's ability to pass coherent and effective policies, as seen with the budget bill.
• Electoral Implications: Democrats could capitalize on Republican disarray by presenting themselves as a cohesive and progressive alternative, appealing to disillusioned voters.

Notable Quote:

Sam Seder (60:42): "The moderates here are worried about losing their races, but the conservatives feel we're already going to lose the House, so let's just really do it."

Conclusion of the Episode

Sam Seder wraps up the episode by emphasizing the critical nature of the issues discussed, particularly the ongoing conflict in Gaza and the significant legislative battles in the U.S. The conversation underscores the urgent need for legislative action and a shift in public opinion to address systemic problems both domestically and internationally.

Key Points:

• Urgency of Action: The unresolved issues surrounding birthright citizenship and the Middle East require immediate and decisive action to prevent further instability.
• Public Engagement: Mobilizing public opinion and fostering a strong, positive vision for the future are essential for overcoming the entrenched challenges discussed.

Notable Quote:

Sam Seder (72:17): "Because I think people understand, when we went out there, when the Democrats went out there and tried to run on retaining democracy. It failed because people perceived the structure of our democracy or whatever that word meant to people was not positive."

Final Thoughts

This episode of The Majority Report provides a comprehensive analysis of Donald Trump's attempts to undermine birthright citizenship, the broader implications of these actions, and the intricate dynamics within the Republican Party that influence both foreign and domestic policies. Jeet Heer’s expertise adds depth to the conversation, highlighting the critical junctions at which U.S. politics currently stands.

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