The Supreme Court ruled Tuesday that birthright citizenship remains protected under the Constitution. Hours later, former Trump official Ken Cuccinelli appeared on CNN determined to argue the opposite.
Cuccinelli, who served as Trump’s Deputy Secretary of Homeland Security, joined anchor Erica Hill to discuss the decision. In the 5-4 ruling, Chief Justice John Roberts wrote that the 14th Amendment’s citizenship clause, ratified in 1868, guarantees citizenship to “all persons born or naturalized in the United States.” The court also struck down Trump’s executive order from early in his second term declaring that children born to parents in the country illegally or temporarily were not American citizens. By the time the interview ended, Cuccinelli was calling Hill a left-wing hack.
The conversation held together until it reached one of the administration’s favorite immigration talking points.
Cuccinelli claimed that “birthright tourism,” the practice of traveling to the United States specifically to give birth on American soil, had become “a full-blown industry in this country.”
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Hill responded by pointing to a study from the Immigration Policy Institute showing that the numbers were nowhere near as significant as Cuccinelli suggested. She also noted that the Justice Department had relied on the same claim before the Supreme Court without presenting substantial supporting evidence. As Cuccinelli attempted to interrupt, Hill continued walking viewers through the facts.
That exchange pushed the interview toward its defining moment.
“The American people, in terms of polling, do overwhelmingly support birthright citizenship as it stands now,” Hill said. Cuccinelli was not interested in discussing the polling. “Boy, you are a left-wing hack!” he snapped before his screen suddenly went black.
Hill’s reaction was notably calmer than the exchange that preceded it. “Wow, it’s unfortunate that you felt the need to say that,” she replied. “I appreciate you coming on here to answer fair questions.” She then thanked him and moved on with the broadcast.
The confrontation came in the wake of a ruling that, despite preserving birthright citizenship, still left many constitutional scholars uneasy.
The narrow 5-4 decision suggested the court came remarkably close to overturning 156 years of settled law. The dissent argued that the majority had left questions that could return in another case. Roberts, writing for the majority, concluded there was “scant evidence for this dramatically revisionist view” of the Citizenship Clause, reaffirming that children born to parents “unlawfully or temporarily present in the United States” are protected by the 14th Amendment.
Featured image via YouTube screengrab
