We told you today that 18 states have filed a lawsuit challenging President Trump’s executive order ending birthright citizenship. They claim that it’s unconstitutional because the 14th amendment guarantees that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”

They always forget about the jurisdiction part, but that’s not part of the argument shared with Steve Deace that the president will use to win this battle in the courts.

Rather, Deace says the president will argue that he has the right to end birthright citizenship during an invasion:

From a Little Birdie on Trump winning the birthright citizenship battle at the Supreme Court (where this will ultimately go):

“The best argument is that a president has power to end birthright citizenship if its an invasion. Whoever on Trump’s team that crafted his EO appears to be following an opinion from Federal Judge Jim Ho making that case (or what we call in my legal circles “The Ho Invasion Theory”). I’m not sure even Clarence Thomas agrees yet with ending birthright citizenship whole cloth. But I do think more judges would be willing to sign on to ending it under the guise of a president stopping an invasion as opposed to a governor like when Texas tried this. Because presidents have wide constitutional latitude when it comes to matters of national defense, and these illegal aliens are causing enough harm to be treated as enemy combatants. Or at the very least this level of invasion has the potential to. And most agree that so-called birthright citizenship does not apply to enemy combatants.”

I think they have multiple arguments they can win with on this issue but I hope when it gets to the Supreme Court, they’ll consider the arguments made by the founders and end it once and for all.