Former President Donald Trump publicly criticized birthright citizenship after attending a Supreme Court hearing on his executive action, calling the U.S. “stupid” for allowing the policy. His late-night Truth Social post urged justices to watch conservative commentator Mark Levin and repeated complaints about a prior tariffs decision. Legal analysts say Trump's emphasis on policy consequences — echoed by Solicitor General John Sauer at oral argument — risks weakening the administration's legal position ahead of an expected ruling this spring or early summer.
After Rocky Supreme Court Hearing, Trump Urges Justices on Truth Social, Calls U.S. 'Stupid' for Birthright Citizenship
People demonstrate outside the U.S. Supreme Court ahead of President Donald Trump's expected arrival April 1, 2026, in Washington, D.C.(Al Drago / Getty Images)
After attending last week’s Supreme Court hearing on his executive action aimed at restricting birthright citizenship, former President Donald Trump took to Truth Social to criticize the doctrine and urge justices to consider conservative media commentary. He wrote: “We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!”
The United States is not unique in recognizing birthright citizenship, but Trump’s tone and choice of words suggested he believes the court may reject his challenge. Court watchers expect a ruling later in the spring or in early summer. In February, Trump had already signaled pessimism about the outcome, posting that the justices “will find a way to come to the wrong conclusion” on citizenship and comparing the anticipated loss to the administration’s earlier tariffs dispute.
Trump’s message did not soften after the oral argument. In a post published at 12:57 a.m. ET, he urged the Supreme Court to "watch and study" Mark Levin’s program and criticized past rulings, including the tariffs decision. He wrote:
“It’s too bad that the Supreme Court can’t watch and study the Mark Levin Show tonight on the Birthright Citizenship Scam. If they saw it they would never allow that money making HOAX to continue. THEY SHOULD USE THEIR POWERS OF COMMON SENSE FOR THE GOOD OF OUR COUNTRY. They failed miserably on Tariffs, needlessly costing the USA Hundreds of Billions of Dollars in potential rebates for the benefit haters and scammers. Why??? Don’t do it again! The Country can only withstand so many bad decisions from a Court that just doesn’t seem to care.”
There is nothing legally preventing justices from watching or researching media commentary, but legal observers say Trump’s approach highlights a strategic misstep: emphasizing policy outcomes and public opinion rather than the narrow legal questions the Court must decide. Solicitor General John Sauer faced similar critiques during oral argument for focusing on policy consequences, a tactic that can make it harder to persuade justices whose role is to resolve legal, not political, disputes.
By linking the birthright-citizenship challenge to the earlier tariffs case, Trump reinforced perceptions that his legal team may be on track for another high-profile loss. Whatever the outcome, the case is likely to have significant implications for immigration law and the scope of executive authority.
Note: This story first appeared on MS NOW.
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