Supreme Court BOMBSHELLS: Against Trump on Birthright Citizenship, WIN For Protecting Female Sports, with Mike Davis, Alan Dershowitz, and Kristen Waggoner | Ep. 1350

**SPEAKER_1** (0:00)
You've never been one to settle. Stand down or stand still. You're a lifelong learner, energized by excellence. There's a fire inside you, you can't ignore. You've got competition to outrun, momentum to build on, and your own high standards to meet. Stop now, not a chance. At Capella University, we help you catch what you're chasing, because you've always had the drive. Now, go earn the degree. Capella University, what can't you do? Visit capella.edu to learn more.

**SPEAKER_2** (0:30)
Traditional home security only alerts you after a break-in, and that's too late. SimpliSafe is changing that.

**SPEAKER_4** (0:37)
Stop. This is SimpliSafe.

**SPEAKER_5** (0:38)
Police are on the way.

**SPEAKER_2** (0:40)
We don't just alert, we stop crime before it starts. SimpliSafe, plan starting around $1 a day. Save 50 percent on your new system with professional monitoring at simplisafe.com/sxm or with promo code SXM.

**SPEAKER_5** (0:52)
Outdoor deterrence requires a SimpliSafe Active Guard Outdoor Protection Plan starting at $49.99 a month.

**Kristen Waggoner** (0:56)
Visit simplisafe.com/licenses for alarm license information, Tennessee 2012

**Megyn Kelly** (1:00)
Welcome to The Megyn Kelly Show, live on SiriusXM Channel 111 every weekday at New East.
Hey, everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. We have big breaking news out of the US. Supreme Court this morning as the High Court issues two major decisions on the last day of its term. I mean, more than two, technically, but we're gonna focus on two right now. In a victory for Team Sanity, the justice is ruling that states are permitted to keep boys out of girls' sports with bans. We have 27 states that have banned boys from participating in girls' sports. The question was, is that legal? The answer is yes. That doesn't save the girls in the remaining states, but it does allow states that are willing to protect young girls and women to do so. It is a watershed moment. It is an epic decision for girls' and women's rights, and the High Court came down the right way on it with all six conservatives joining to say, yes, those states and those girls will be protected. We're going to have a breakdown of that decision later in the show, including with someone who was a party to the litigation. First, though, a setback to the president's agenda and a shockingly, cowardly decision from the High Court on birthright citizenship. Now, we knew it was going to happen, but we didn't know exactly how they'd get there. And there was always at least the hope, you know, the possibility that they would do the right thing. I mean, what's essentially happened now is that anybody from China can come over here, have a baby, and that baby will be an American no matter what. They can leave the day after the child is born, the minute after the child is born. And honestly, there was a real question, I, like many people, when I first saw the challenge to this, it was long before President Trump's executive order. It was written by a legal scholar and, you know, saying this is not what the founders intended. I too thought, what do you mean that this is sort of how we all grew up thinking that if you're born here, you're a citizen and that's kind of the end of it. If you actually look at the history of that practice here in the United States, and then what happened after the 14th Amendment was passed, you see that's wrong. You find out that that's actually not the way this, the 14th Amendment was treated, the way the founders understood this country would operate. And it, there was plenty of basis to strike down birthright tourism based on the particular phrasing of the 14th Amendment. Right? You have to be born here and subject to the jurisdiction of the United States. And that is why President Trump issued this executive order purporting to end birthright citizenship in the United States, aimed especially at the children of illegal immigrants. Now, he did say that if you're already here and you've been the beneficiary of this, you can stay. He wasn't trying to create chaos for those who had already taken advantage of what they believed the 14th Amendment provided, but he was saying on a go-forward basis. And now that's been overturned. Now his executive order is no good, and he can't write another one. They didn't give him a clear road map on how it could be done either. Five justices found that the EO violated the 14th Amendment. Chief Justice Roberts, Amy Coney Barrett, and the three libs on the court. The Chief Justice writing in his majority opinion, citizenship then and now was the right to have rights, to freely participate in our political community. The framers of the 14th Amendment extended that promise to every free-born person in this land. We keep that promise today. Of course, they were talking about freed slaves. That's why it sounds so weird, free-born person in this land. Okay, Justice Kavanaugh got in there as well, for good measure. They didn't need him because they had Barrett and they had Roberts with the three libs, but he decided to join in just to say that Trump's executive order, he thought, had to be struck down because he thought it violated a federal statute, one that he said could be amended by Congress. So he's trying to show a road map, but it doesn't matter if you've got Coney, Barrett and you've got Roberts, and you've got the three libs together. Forget Kavanaugh, his, we can do this by congressional amendment idea will not fly.