Ilya Shapiro
speaker
143 appearances
3 recordings
2 series
first heard Jan 2025
last heard 30 Jun
Ilya Shapiro’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jun 2026 with 1.
Appearances
Wayfair, every style, every home.
Great for being with you.
I'm still digesting these copious, important rulings this morning.
I think that's right from a policy perspective.
And I think this illustrates why trying to change birthright citizenship through an executive order might not have been the best strategy because the court took this out of Congress's bailiwick.
They ruled on the constitutional ground that birthright citizenship is guaranteed by the Constitution.
So you need a constitutional amendment, not just an act of Congress to change it.
That actually surprised me.
I was expecting a majority to be cobbled together, kind of an interwoven majority around Kavanaugh's decision, saying that, I don't know about the constitutional issue.
Kavanaugh actually does say that he disagrees with the majority.
But on the law, and the latest amendment was in 1940 that's relevant, Congress sets out who can and can't be a citizen, and Congress can change that.
I was expecting them to take that off-ramp, which would have thrown this back into the
Yeah, it seems like a law office history version of Emma Lazarus's poem on the base of Statue of Liberty.
You know, it's a lot of, look, it's a close question.
I'm not here to say that the, you know, Thomas dissent, which I ultimately agree with, is, you know, it's a slam dunk.
I was on the opposite side of this question before all the scholarship was being produced and highlighted over the last couple of years as this case was progressed.
I mean, I didn't have strong views, legal views one way or another, really.
But I think I was convinced by my colleague, Elon Wurman, Josh Blackman, Randy Barnett, all of these other folks that have come and taken a look at this seriously, which Thomas quotes.
And so, you know, Roberts's opinion, I mean, the best you can say about it is that it's not as bad as his opinion in the Obamacare case.
But you're right.
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