What To Know About Today's SCOTUS Birthright Case

Summary

What a Day Podcast Summary: “What To Know About Today's SCOTUS Birthright Case”

Release Date: May 15, 2025
Host: Jane Coaston
Producer: Crooked Media

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Supreme Court Hearing on Trump's Birthright Citizenship Case

Overview

In this episode of What a Day, Jane Coaston explores the pivotal Supreme Court hearing addressing the Trump administration's attempt to revoke birthright citizenship in the United States. The discussion not only centers on this high-profile issue but also delves into the broader and increasingly contentious topic of nationwide injunctions.

Conversation with Washington State Democratic Attorney General Nick Brown

Jane Coaston hosts a critical conversation with Nick Brown, the Democratic Attorney General of Washington State, who is at the forefront of one of the key cases being heard by the Supreme Court today.

• Clarifying Nationwide Injunctions

  Brown explains the concept of nationwide injunctions, emphasizing their significant impact beyond the specific cases they pertain to. “The issue around the scope of nationwide injunctions is not a new issue,” he states (03:56). He highlights that these injunctions prevent federal policies from being enforced nationwide, rather than limiting their effects to the parties involved in the litigation.

• Impact on Birthright Citizenship

  Discussing the birthright citizenship case, Brown underscores the necessity for a uniform application across all states. He warns against the dangers of a patchwork system where citizenship rights vary state by state. “If people born in Idaho tomorrow were not citizens, they would lose all sorts of benefits. The state would then be burdened with helping to care for them,” Brown explains (06:38).

• Supreme Court’s Role and Bipartisan Frustration

  Brown expresses surprise that the Supreme Court is focusing on nationwide injunctions instead of directly addressing the constitutionality of birthright citizenship. He notes the bipartisan frustration with the growing use of nationwide injunctions, pointing out the irony of the Trump administration’s current criticism given their support of such injunctions under previous administrations. “There is some need for clarity on nationwide injunctions,” he remarks (05:57).

• Future Legal Battles

  Looking ahead, Brown asserts that his office will continue to challenge the Trump administration’s policies regardless of today’s verdict. “We will continue to advocate for the rights and the harms that we're seeing caused by the Trump administration,” he states (10:16).

Notable Quotes:

• On the 14th Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.” (02:15)
• On the absurdity of state-specific citizenship: “If people born in Idaho tomorrow were not citizens, they would lose all sorts of benefits...” (06:38)
• On the necessity for nationwide applicability: “Birthright citizenship needs to apply nationally.” (03:37)

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Robert F. Kennedy Jr.'s Congressional Testimonies

Summary

Jane Coaston also reports on Robert F. Kennedy Jr.’s challenging first hearings before Congress as the Secretary of Health and Human Services. Kennedy faced intense scrutiny over his qualifications, proposed budget cuts, and his stance on vaccines amidst a spreading measles outbreak.

• House Appropriations Committee Hearing

  Kennedy defended Trump's health budget proposal, which includes significant funding cuts to the CDC and NIH, alongside a $500 million allocation for his “Make America Healthy Again” initiative. He faced tough questions from House Democrats about his plan to eliminate 20,000 HHS jobs and dismantle entire health agencies.

• Vaccine Stance Under Fire

  One of the most pressing issues was Kennedy’s ambiguous position on vaccines. When asked directly by Representative Mark Pocan if he would vaccinate his child against measles, Kennedy evaded a clear answer. “For measles, probably for measles. What I would say is my opinions about vaccines are irrelevant,” he responded (14:51). During the Senate hearing, his analogy further confused the issue: “If I advised you to swim in a lake I knew there'd be alligators in, wouldn't you want me to tell you there were alligators in it?” (15:29).

Notable Quotes:

• On vaccine opinions: “My opinions about vaccines are irrelevant.” (14:51)
• On providing honest information: “I am not going to just tell people everything is safe and effective if I know that there's issues.” (15:47)

Host’s Commentary:

Jane Coaston critically notes, “You are not a public health expert, but you are, unfortunately the top public health official in the country, so your takes are actually very relevant.”

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Other News Highlights

Election of John Ewing Jr. as Omaha’s First Black Mayor

John Ewing Jr., the former county treasurer, made history by becoming Omaha’s first black mayor after defeating incumbent Jean Stothert. The nonpartisan race focused on local issues such as affordable housing and public safety, despite underlying partisan tensions. Ewing’s victory speech emphasized a new chapter for Omaha: “Tonight we celebrate, but tomorrow the real work begins.” (10:00-11:14)

Immigration Inquiry of Political Commentator Hasan Piker

Hasan Piker, a prominent left-wing political commentator and streamer, shared his unsettling experience of being detained and interrogated by Customs and Border Protection upon returning to the U.S. Piker alleges that the questioning was politically motivated, focusing on his views on groups like Hamas and the Houthi rebels. He expressed discomfort with the nature of the interrogation: “Considering that the entire interrogation revolved around protected speech and my opinions, I felt a little weird about that.” (19:45)

Positive Public Health News: Decline in Drug Overdose Deaths

In a rare piece of good news, the CDC reported a significant decrease in drug overdose deaths in 2024, estimating a drop of nearly 27% compared to the previous year. This decline is attributed to better access to addiction treatment and the use of naloxone for overdose reversals. However, Secretary Kennedy’s proposed cuts to naloxone distribution funding threaten to undermine these advancements.

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Concluding Remarks

Jane Coaston wraps up the episode by highlighting the critical legal and political battles that are shaping the nation’s policies on citizenship and public health. The Supreme Court’s decisions on nationwide injunctions and birthright citizenship, coupled with the contentious testimonies of public officials like Robert F. Kennedy Jr., underscore the profound impact of judicial and executive actions on everyday American lives.

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Notable Quotes Summary:

• Nick Brown on the 14th Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.” (02:15)
• Robert F. Kennedy Jr. on vaccines: “My opinions about vaccines are irrelevant.” (14:51)
• Hasan Piker on interrogation: “The entire interrogation revolved around protected speech and my opinions, I felt a little weird about that.” (19:45)

Attribution

All quotes and discussions are attributed to the respective speakers with their corresponding timestamps as indicated in the transcript.

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This comprehensive summary captures the key points, discussions, insights, and conclusions from the episode, providing a clear and engaging overview for those who haven't listened to the podcast.

Transcript

[Jane Coastin]

It's Thursday, May 15th. I'm Jane Coastin and this is what a Day. The show that has always been called what a Day and not just like Big Day show or some other rebrand. We'd need to walk back two years later because no one knew what the hell this podcast was called. Take Notes, hbo. On today's show, Health and Human Services Secretary Robert F. Kennedy Jr. Continues to show us he's not qualified for the job and like he told us this time. And a left wing political commentator and streamer Hassan Piker talks to crooked about being questioned by border agents at a Chicago airport. But let's start by talking about the Supreme Court again. Today, the court will hear oral arguments regarding the Trump administration's efforts to end birthright citizenship in the United States. But while that's obviously the headline issue that most people are paying attention to, with good reason, that's not actually all that the court is deciding right now. Instead, the court is debating nationwide injunctions in which a judge blocks a policy from going into effect nationwide. We've seen this happen multiple times this year, 17 times between Inauguration Day and March 27. For example, those temporary restraining orders, or TROs, included issues ranging from the Department of Government Efficiency's efforts to terminate probationary federal employees to, yes, the administration's fight to end birthright citizenship. And Trump administration officials are big mad about nationwide injunction stopping them from doing whatever it is they want to do. Back in March, President Donald Trump posted a screed on Truth Social, writing in part, unlawful nationwide injunctions by radical left judges could very well lead to the destruction of our country. That's how it sounded to me anyway. You may not be all that surprised to learn that President Trump and members of his administration felt very differently about nationwide injunctions when President Joe Biden was in office. For example, when a judge blocked some Biden administration officials from discussing certain types of content with social media companies back in 2023, Trump was pretty jazzed about it.

[Robert F. Kennedy Jr.]

Just last week, in a historic ruling.

[Jane Coastin]

A brilliant federal judge ordered the Biden administration to cease and desist from their.

[Robert F. Kennedy Jr.]

Illegal and unconstitutional censorship in collusion with social media.

[Jane Coastin]

Hypocrisy is, as always, the point anyway. Washington State Democratic Attorney General Nick Brown was one of the first to challenge Trump's executive order to end birthright citizenship and is leading one of the cases included in today's hearing. He's in D.C. for oral arguments. Attorney General Brown, welcome to what a day.

[Nick Brown]

Thank you. It's good to be here.

[Jane Coastin]

The 14th amendment is fairly clear to me, quote, all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States. So what do you make of the fact that the Supreme Court is even considering the nationwide freeze on Trump's order ending birthright citizenship?

[Nick Brown]

Well, I guess I'm not wholly surprised that they're weighing in on this case. It's obviously a case of national importance. It's the president's first or one of his first executive orders. But I would agree that not only is it clear to you, it's been clear to the court itself, it's been clear to academics and scholars across the country, it's been clear to the various circuit courts that have weighed in on this decision, and it should have been clear to the president. But, you know, ultimately, I think it's not surprising that it needs to be resolved by the Supreme Court.

[Jane Coastin]

Yeah. And just to be clear, the court today is not weighing the constitutionality of birthright citizenship generally. The case is really about what are called nationwide injunctions, or when a judge single handedly blocks a policy from going into effect across the whole country, instead of just for those bringing the case. Can you explain that a little bit more, what that means?

[Nick Brown]

Sure. Well, I think that that is generally true, but I would put a big asterisk on it. You know, the court certainly has the authority to get into the merits, the substance of the issue, rather than the more narrow issue regarding nationwide injunctions. But the issue that they asked us to prepare for and that our parties have prepared for, for the argument, it's principally around whether or not the injunctions that were issued in the State of Washington, in Massachusetts and other jurisdictions that have weighed in on this particular dispute, whether or not those injunctions only apply to the parties in those cases. And so for us, it's whether or not it applies to the state of Washington, but also to some of the individual plaintiffs that are part of our case and part of other cases that were brought. You know, this issue around the scope of nationwide injunctions is not a new issue. It's something that more and more courts, including the Supreme Court, have indicated some hesitancy around and narrowed the scope of that type of relief. But it is kind of surprising to me that this is the particular issue that the court would decide to, you know, try to resolve that dispute. Because birthright citizenship needs to apply nationally. Obviously, it's not limited to a state's border, and it wouldn't make any sense, really, if someone born in Washington state, for example, then traveled to Idaho. That is not a Part of the litigation, they lost their citizenship. That would be kind of an absurd result. So I can't imagine that the Supreme Court would try to limit the scope of this injunction, but they've obviously decided to hear that issue, and we have to see what happens today.

[Jane Coastin]

Yeah, I'm pretty sure that being a citizen in one state and not a citizen in another state is kind of how we got to the Civil War. But pretty much there's bipartisan frustration with nationwide injunctions. I think that that's what's so funny about this to me, is that you hear the Trump administration complaining about them right now, but they loved them under President Joe Biden, and this was an issue under President Barack Obama as well. So is there some need for clarity on nationwide injunctions?

[Nick Brown]

Yeah, I don't think there's any particular problem, legally or substantively, to provide some more clarity, some guardrails about the scope of nationwide injunctions. And. And there are certain cases where it makes more sense to limit the scope of relief to just those states or those parties that are participating in the litigation. You know, we have now brought 19 total cases against the Trump administration in the last four months. And some of those cases, Washington is impacted more directly than other states. But for something like birthright citizenship, which is so core to our democracy, so core to our, you know, who gets citizenship rights and all the privileges that come with that, it doesn't make any sense to limit that to a state's border.

[Jane Coastin]

Right. You know, so with the technical details aside, what are the stakes in this case? It sounds like what you were saying before, it would create a patchwork of citizenship rights while the case plays out.

[Nick Brown]

Yeah, absolutely. I mean, we have people born in Washington on a daily basis who are born to undocumented parents, just like any other state in this country. And the notion that they might be citizens of Washington and therefore get all the benefits and rights that come with that. But if they decided to travel to Idaho, to Texas, to some other state that's not a participant in the case, the idea that they would lose their citizenship is absurd. And not only that, it's not very clear about what country they might be a citizen of if they therefore lost their citizenship. And so I think the court really does need to ultimately decide the merits of this case, and hopefully they do so quickly. But again, my viewpoint is they need to decide that the nationwide injunction applies across the country. You know, there are, I think, a total of 22 states. They're participated in our litigation. And if the court limited to just those states or just the individual parties, it would just lead to a really consequential result, not only for those individuals, but all of the states that need to plan for caring for their citizens. You know, if. If people born in Idaho tomorrow were not citizens, they would lose all sorts of benefits. The state would then be burdened with helping to care for them. You know, the federal government provides for a host of things that the states only supplement, and those burdens would then fall upon those states. So it does have consequences, not only for the individuals, not only for those states. But I do think it really gets at some of the foundational cores of our country. I mean, the idea of who is an American and who is not, I can't think of things that are much more consequential.

[Jane Coastin]

Absolutely. And Trump has insisted the 14th Amendment, specifically about citizenship is, quote, all about slavery. And, yes, the 14th Amendment was enshrined after the Civil War as one of the Reconstruction Amendments. But why is he wrong?

[Nick Brown]

Well, he's wrong because after the 14th amendment, courts have repeatedly weighed in, you know, defining the parameters of the citizenship clause. Congress has also weighed in in the Immigration and Nationalization act, also providing some clarity about who is a citizen or not. And I don't know if the president is simply ignorant to that fact or if he's lying or being misleading, which is, you know, his sort of normal course of business.

[Jane Coastin]

It could be any of these.

[Nick Brown]

It could be anything. And you, you know, it's really unfortunate that time and time again, the president disregards constitutional principles, disregards court rulings and court precedent. But this is one of the most key areas that he has done so in his second term, and he did so on his very first day in office.

[Jane Coastin]

What would happen if the justices side with the Trump administration here, not just with the birthright case, but more broadly, because, as you mentioned, nationwide injunctions have been instrumental in pausing some of the president's most egregious policies.

[Nick Brown]

Well, you know, it really would have a profound impact on a host of the different issues. You know, a good example for me is we challenged, along with our other Democratic states, the president's illegal cuts to NIH grant funding. And, you know, in that case, the states or the courts have limited relief just to the states participating. But there are a number of other cases where they've provided nationwide relief because there are some things that are so foundational that nationwide relief is. So some clarity is needed here, but this is not the matter. They should provide it.

[Jane Coastin]

If the justices do side with Trump and limit these nationwide pauses, even in cases dealing with long established rights like birthright citizenship, which I can't even believe that we have to talk about right now. You're a Democratic attorney general. What tools will you have to keep fighting Trump's agenda?

[Nick Brown]

Well, we'll continue to bring cases on behalf of our states. You know, when I decide to bring a case or lead a case, I do so only behalf of Washingtonians, just like my partner AG do across the country. And so we will continue to advocate for the rights and the harms that we're seeing caused by the Trump administration. But there are going to be some states, you know, none of our Republican AG colleagues have joined any of the cases that we've brought against the Trump administration, even though I think many of them recognize the harm and damage that's being done to their citizens and the residents of their states. But moving forward, it would just mean that the work that we are doing on behalf of our states is even more important because we know that it's not going to provide for nationwide relief. And, you know, elections have consequences. And people in those states, I think, would need to rightly ask questions of their representatives, like, why aren't you defending our rights, our programs, our funding? Because the president is going to continue to undermine those things and cut things and act illegally.

[Jane Coastin]

Attorney General Brown, thank you so much for taking the time to join me.

[Nick Brown]

I appreciate it. Thank you very much.

[Jane Coastin]

That was my conversation with Washington State Democratic Attorney General Nick Brown. We'll get to more of the news in a moment, but if you like the show, make sure to subscribe. Leave a five star review on Apple Podcasts, watch us on YouTube and share with your friends. More to come after some ads. What a Day is brought to you by bookshop.org whether you're searching for an incisive history that helps you make sense of this moment. For example, I'm reading a book on the history of Christianity and sex that's super interesting. Or maybe you're looking for a novel that sweeps you away from all of this. Or you're looking for the perfect gift for a loved one. Bookshop.org has you covered when you purchase from bookshop.org, you're supporting more than 2,000 local independent bookstores across the country, ensuring they'll continue to foster culture, curiosity and a love of reading for generations to come. And big news, bookshop.org has launched an ebook app. You can now support local independent bookstores even when you read digitally. Use code WAD to get 10% off your next order at bookshop.org that's code.

[Hasan Piker]

Wadookshop.Org Every day thousands of Comcast engineers and technologists create connectivity solutions that change the way we work, live and play. Like Kunle, a Comcast engineer who is focused on revolutionizing the in home WI fi experience today and for the next generation. Kunle builds powerful Xfinity WI fi devices that deliver a fast, reliable connection with capacity to connect hundreds of high bandwidth devices at once and next level latency for the applications of the future like augmented in virtual reality and cloud gaming. Learn more at comcastcorporation.com WiFi USAA knows.

[Chris Murphy]

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[Jane Coastin]

Here's what else we're following today.

[Robert F. Kennedy Jr.]

Head of Lines I don't think people should be taking advice, Medical advice from me, girl.

[Jane Coastin]

Done and done. Secretary of Health and Human Services Robert F. Kennedy Jr. Faced off with lawmakers on Capitol Hill Wednesday during hearings in the House and Senate. It was his first time testifying before Congress since being confirmed, and he hasn't gotten any better at this. Kennedy testified before the House Appropriations Committee in the morning. He defended Trump's health budget proposal. It would massively cut funding to the Centers for Disease Control and the National Institutes of Health while granting Kennedy $500 million for his make America Healthy Again initiative that focuses on promoting nutrition and healthy lifestyles. Where can former first lady Michelle Obama go for her apology? House Democrats grilled Kennedy about his plan to overhaul HHS by cutting 20,000 jobs and shuttering entire health agencies. They also pressed the secretary about a stance on vaccines amid the measles outbreak in the US more than 1,000 cases have been confirmed and three people have died, according to the CDC. Here's Kennedy dodging a very simple question from Democratic Representative Mark Pocan of Wisconsin about the measles vaccine. This isn't a gotcha, I promise.

[Nick Brown]

If you had a child today, would.

[Jane Coastin]

You vaccinate that child for measles?

[Robert F. Kennedy Jr.]

For measles, probably for measles. What I would say is my opinions about vaccines are irrelevant.

[Jane Coastin]

I've been saying I couldn't agree more. You are not a public health expert, but you are, unfortunately the top public health official in the country, so your takes are actually very relevant. Bobby Kennedy continued the sidestep questions about the measles vaccine from lawmakers when he sat before the Senate's health committee. In the afternoon, Democratic Senator Chris Murphy of Connecticut asked Kennedy point blank if he recommends it, to which the secretary.

[Robert F. Kennedy Jr.]

Said, if I advised you to swim in a lake I knew there'd be alligators in, wouldn't you want me to tell you there were alligators in it?

[Jane Coastin]

Are measles the alligators in this scenario is the vaccine the lake? I don't get it, he later clarified.

[Chris Murphy]

Are you recommending the measles vaccine?

[Robert F. Kennedy Jr.]

I am not going to just tell people everything is safe and effective if I know that there's issues.

[Jane Coastin]

For the record, the measles vaccine is 97% effective and also we are doomed. But some actually good news in public health. Imagine Drug overdose deaths in the United States dropped significantly last year. On Wednesday, the Centers for Disease Control and Prevention estimated 80,000 people died from overdoses in 2024. That's down about 30,000, or nearly 27% from the year before. Every state except for Nevada and South Dakota reported declines from December 2023 to December 2024. Still, drug overdoses remain the leading cause of death for Americans aged 18 to 44. But the CDC says overdose deaths have steadily declined each month since late 2023. While more research needs to be conducted, experts say possible factors that led to the decrease include better access to addiction treatment and the overdose reversing drug naloxone. Secretary Kennedy, by the way, wants to slash funding for naloxone distribution. Experts say that this drop is why funding for federal health agencies and grant recipients is so important. Hi, I'm John Ewing, your man. Omaha, Nebraska, has elected its first black mayor, John Ewing Jr. Jean Stothert, who served three terms and was the city's first female mayor, conceded Tuesday night to Ewing in a mayoral race of firsts. The Omaha mayor's office is nonpartisan, but their political leanings weren't exactly a secret. The race focused mainly on local, everyday issues. Ewing, longtime county treasurer, zeroed in on things like affordable housing and hiring more police officers. Towards the end of the campaign, though, Ewing, Ewing's and Stothard's critiques of one another became a little more divisive. Her campaign ran an ad that said, quote, ewing stands with radicals who want to allow boys in girls sports. The Nebraska Democratic Party summed up the rift with a tweet that said, quote, gene is focused on potties. John is focused on fixing potholes. Ewing said in his victory speech Tuesday night that the city is embarking on a new chapter. Tonight we celebrate, but tomorrow the real work begins. Together, we'll build an Omaha that offers opportunity for the good life to everyone. Ewing is set to be sworn in next month. Left wing political commentator and streamer Hasan Piker said this week that immigration authorities questioned him about his political beliefs. Piker, a Turkish American who was born in the US Said customs and border protections stopped him at Chicago's o' Hare International Airport Sunday upon his return to the country from a trip overseas. He says agents took him to, quote, a detention area and questioned him for two hours about his views on topics including Hamas, the Houthi rebels and the Trump administration. Piker is a vocal critic of the president with an audience of about 4.5 million followers on YouTube and Twitch combined. He also often speaks out against Israel's war on Gaza. Piker joined Pod Save America this week to talk about his experience.

[Chris Murphy]

I instantly knew that, you know, my worst fears were happening.

[Jane Coastin]

The Department of Homeland Security denies Piker was targeted because of his political views, but Piker says the questions he was asked tell a different story.

[Chris Murphy]

It wasn't just like questioning me about, like, my beliefs about the Houthis. It was very specific questioning in regards to my commentary where they were like, do you believe they're a resistance group?

[Jane Coastin]

Piker also said an agent provided him with instructions on how to avoid being detained in the future after questioning him.

[Chris Murphy]

Considering that the entire interrogation revolved around protected speech and my opinions, I felt a little weird about that. Like, what do you mean? If I don't want to be stopped again, I just, I guess have to never talk about my opinions on Trump or any number of different, any number of different militancies in the region from an academic context. Like, it's ridiculous, right?

[Jane Coastin]

You can listen to Piker's full conversation with Jon Favreau on Pod Save America. And that's the news. Before we go, let's look across the pond. This week on Pod Save the uk, hosts Nish Kumar and Kuko Khan break down the underwhelming UK US trade deal, limited in scope and somehow leaving the UK in a worse spot than it was four months ago. Plus, we talk a lot about immigration in the US, but what's going on with the UK's latest immigration clampdowns? Tune into this episode of pod save the UK now, wherever you get your podcasts or on YouTube. That's all for today. If you like the show, make sure you subscribe, leave a review, relax with the helpful advice of New York City Mayor Eric Adams, and tell your friends to listen. And if you're into reading and not just about how he had a great suggestion as to how New Yorkers could spend their time. And for those who are out there, come to Mike's. Get some good pizza when you get the munchies from that good cannabis that you smoked.

[Hasan Piker]

So.

[Jane Coastin]

What a Day is also a nightly newsletter. Check it out and [e-mail] subscribe I'm Jane Coston and I have nothing to add to that. What a Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producers are Raven Yamamoto and Emily4. Our producer is Michelle Aloy. We had production help today from Johanna Case, Joseph Dutra, Greg Walters and Julia Claire. Our senior producer is Erika Morrison and our executive producer is Adrienne Hill. Our theme music is by Colin Gilliard and Kashaka. Our production staff is proudly unionized with the Writers Guild of America East.

[Hasan Piker]

Every day thousands of Comcast engineers and technologists create connectivity solutions that change the way we work, live and play. Like Kunle, a Comcast engineer who is focused on revolutionizing the in home WI Fi experience today and for the next generation, Kunle builds powerful Xfinity WI Fi devices that deliver a fast, reliable connection with capacity to connect hundreds of high bandwidth devices at once and next level latency for the applications of the future like augmented and virtual reality and cloud gaming. Learn [e-mail] wifi this episode is brought to you by Progressive Commercial Insurance Business Owners Meet Progressive Insurance. They make it easy to get discounts on commercial auto insurance and find coverages to grow with your business quote in as little as 7 [e-mail] Progressive Casualty Insurance Company coverage provided and serviced by affiliated and third party insurers. Discounts and coverage selections not available in all states or situations.