Laughter Erupts As Trump-Appointed Justice Floats Two Losing Scenarios For Trump Birthright Case

Laughter erupted when ACLU National Legal Director Cecillia Wu replied to Trump-appointed Justice Brett Kavanaugh, floating two scenarios in which President Donald Trump would lose his Supreme Court birthright citizenship case.

Trump signed an executive order ending birthright citizenship during the first days of his second term, which was promptly blocked by a lower court in a ruling that was upheld by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The Supreme Court heard arguments in the case — Trump v. Barbara — on Wednesday morning, with Trump in attendance. While it’s tough to forecast based on questioning, things did not seem to be going great for Trump and Sauer with the conservative justices.

While other contentious exchanges got more attention, the vibe might have best been reflected when even Kavanaugh had to laugh at Wu’s response to the winning hypotheticals:

JUSTICE BRETT KAVANAUGH: I think Mr. Sauer acknowledged that, and you mentioned this in your opening, that if we agree with you on how to read Wong Kim Ark, then you win.

So that could be a, if we did agree with your on Wong Kim Ark, that could just be a short opinion, right? That says the better reading is respondents reading, government doesn’t ask us to overrule, affirmed?

ACLU NATIONAL LEGAL DIRECTOR CECILLIA WU: Yes!

JUSTICE BRETT KAVANAUGH: That’s that–.

(LAUGHTER IN THE COURT).

JUSTICE BRETT KAVANAUGH: (GUFFAWS) Then, last question though, why would we address the constitutional issue, this is the last one–.

Why we you address the Constitutional issue, given your argument on the statutory, our usual practice, as you’re well aware, of course, is to resolve things on statutory grounds and not to do a Constitutional grant.

ACLU NATIONAL LEGAL DIRECTOR CECILLIA WU: You know, I think we obviously have these two paths to a win here. We’re happy to win on either or both of them.

I do think it would be prudent for the court to reaffirm its decision in Wong Kim Ark where it’s a landmark decision about the definition of national citizenship in this country.

I just think it will be prudent for the Court to go ahead and reaffirmed that. But of course, we’re happy to take a win on any ground, ha-ha.

JUSTICE BRETT KAVANAUGH: (LAUGHTER) Thank you

ACLU NATIONAL LEGAL DIRECTOR CECILLIA WU: Thank you.

CHIEF JUSTICE JOHN ROBERTS: Justice Jackson, I’m sorry. Justice Barrett.

(LAUGHTER)

Watch above via CNN’s Inside Politics.

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