Contrarians at SCOTUS

The people at the Supreme Court today to hear justices argue the case on birthright citizenship spoke to the range of lives touched by the issue... they also spoke to us!

All babies born in the United States have lawfully been considered citizens since 1868, when the 14th Amendment to the Constitution was adopted in the aftermath of the Civil War. On January 20, 2025, the first day of Trump’s second term, the president signed a preposterous Executive Order purporting to end birthright citizenship for any child who does not have at least one parent who is a citizen or lawful permanent resident.

In response to Trump’s attack on a bedrock American right, a broad coalition including the American Civil Liberties Union, Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund (co-founded by our publisher, Norm Eisen), brought a class action suit (Barbara v. Trump) on behalf of millions of babies who would be subject to Trump’s draconian EO.

Courts have repeatedly blocked the administration from implementing Trump’s order — as it violates the Constitution, over a century of Supreme Court precedent, as well as longstanding federal statute. Nevertheless, the Supreme Court decided to entertain the case. This morning, SCOTUS heard arguments challenging the indisputable legal principle.

The most impressive showing of this landmark day was not the nine justices arguing the case, nor was it the bizarre cameo from Trump himself (the first sitting president history to attend Supreme Court oral arguments). His presence was not celebrated, maligned, or even acknowledged. He simply sat there, then — perhaps realizing he would not be filmed or applauded — stood up and left.

Instead, the most profound, inspiring attendees were those gathered in and around the Court in solidarity. They represented the marvelous spectrum of Americans committed to upholding vital Constitutional rights.

The Contrarian was delighted to speak with many of them, starting with a man whose lineage launched the issue. Over a century ago, Wong Kim Ark’s Supreme Court case enshrined birthright citizenship into American law. Today, his great-grandson Norman Wong was at the steps of SCOTUS — watching that legacy be put on trial.

Activist Carlos Eduardo Espina was also at the Supreme Court steps as justices questioned Trump’s executive order to strip birthright citizenship from millions of Americans.

Members of Congress came out as well. Senator Alex Padilla (D-CA) made an appearance, discussing the near-absurdity that we should be arguing this case in the first place.

Attorney Kathleen Martinez came as part of the coalition of citizens who care about defending the Constitution — and in honor of her frightened clients. She discussed the Trump administration’s pathetic lie about “birth tourism,” which features prominently in the administration’s arguments against birthright citizenship.

The Black Menaces was founded by Sebastian Stewart-Johnson, who was also at the Supreme Court to support the cause. He and four other members of the Black Student Union at Brigham Young University created their group in 2022 to highlight the challenges that come with being a person of color on campus, where only 1 percent of 34,000 students were Black.

Since then, the Black Menaces have developed into their own media company, which travels across the country to challenge systemic barriers to equality.

We kicked off the morning with a Coffee with Contrarians, in which Jen Rubin spoke with Juan Proaño, a dear friend and chief executive officer of LULAC, as well as Adam Klasfeld of All Rise news. Watch that here.

And we closed out our coverage with Norm and Jen discussing the hopeful day at SCOTUS and what it portends for the Trump administration.

This was a big one Contrarians, and because of your support, this litigation was made possible. Thank you for doing your part to help uphold our values as a nation.