The Supreme Court will not decide this term on the issue of birthright citizenship, constitutional law expert Alan Dershowitz told Newsmax on Thursday.
The justices heard arguments in the Trump administration's emergency appeals over lower court orders that have kept the citizenship restrictions on hold across the country.
Dershowitz told "The Record With Greta Van Susteren" that not only will the court delay a decision, but it will place the decision into the hands of Congress.
"They're not gonna say anything," said Dershowitz. "They're gonna defer that issue to a later time.
"And when they do decide the issue, they'll decide that Congress can define who is within the jurisdiction of the United States."
He predicted the court would not support any president deciding the issue unilaterally.
"But absent the congressional resolution, the president himself can't abolish birthright citizenship in violation of the words of the 14th Amendment," he said.
Regardless, said Dershowitz, the ruling won't happen during the court's current term.
President Donald Trump signed an executive order on the first day of his second term that would deny citizenship to children who are born to people who are in the country illegally or temporarily.
Judges have issued 40 nationwide injunctions since Trump began his second term in January, Solicitor General D. John Sauer told the court at the start of more than two hours of arguments.
Dershowitz said the best way to handle that is to set up a separate court to immediately review nationwide injunctions ordered by federal judges and decide if they should be upheld.
Birthright citizenship is among several issues, many related to immigration, that the administration has asked the court to address on an emergency basis.
Information from The Associated Press was used in this report.
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
© 2025 Newsmax. All rights reserved.