The Political Upside of Losing the Birthright Citizenship Case

AP Photo/Jose Luis Magana

Yeah, I know: sour grapes and all that.

You’re not wrong. Obviously, we’d rather win than lose. And in a perfect world, yes, the ruling would’ve gone the other way.

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But nobody should be surprised. The Supreme Court’s decision on birthright citizenship was telegraphed at least 24 hours in advance:

So now that the die is cast, what’s the political fallout?

Weirdly, today’s Supreme Court loss was a net-positive for the Republican Party — at least for the 2026 midterms, and probably for 2028 as well. Had we won, three bad things would’ve happened:

First, liberal anger (and conservative complacency) would’ve driven more pro-Democrat voters to the polls during the midterms. Fun fact: In the 2022 midterms, after the Dobbs decision FINALLY overturned Roe v. Wade, voters who said Dobbs was their most important issue broke more than two-to-one for the Dems. In states with abortion-related measures on the ballot, the GOP’s vote margin dropped by nearly five points.

From KFF:

The 2022 midterm election was widely expected to hinge on economic issues, and results of AP VoteCast bear that out: half of voters said inflation increasing prices for gas, groceries, and other goods was the “single most important factor” when thinking about voting in the 2022 midterm election. However, in an election where Democrats outperformed expectations, survey findings also indicate that the Supreme Court decision overturning Roe v. Wade was a motivating factor for many voters. Seven in ten said the Court’s decision was an important factor in their vote, including one quarter who said it was the single most important factor. [emphasis added]

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Traditionally, immigration has been President Donald Trump’s top-polling issue, although he occasionally faced pushback for “going too far.” Because he lost, the immigration issue is still on the table — clearly, there’s still work to be done (So get out and vote Republican!) — and the most “extreme” solution won’t be happening: The Supreme Court just prohibited it.

This strengthens the GOP’s hands while keeping PR ammo out of the Dems’ hands.

It’s counterintuitive, but there’s a cost to solving a political problem: It removes the issue from the public sphere. Because we lost today, the immigration issue is still relevant. 

And we can still use it to drive voters to the polls.

Second, overturning birthright citizenship would’ve hijacked the news cycle, removing focus on the Democratic Socialist wackaloons who are actively taking over the Democratic Party. It’s in the GOP’s interest to keep a white-hot spotlight on the Democrats’ lurch towards socialism, communism, and frothing hatred of all things Israel. (The longer, the better.)

Guilt by association is a very real thing.

Right now, the Democrats are trying to have it both ways: In liberal strongholds, they’re welcoming candidates who literally oppose “Western civilization” and wear Nazi tattoos because they desperately want to regain power — but are terrified that their candidates in less-blue districts will be tarred and feathered as left-wing extremists.

The stakes are existential: If the Democratic Socialists of America become the public face of the Democrats, the Donkeys will cease to be a national party. They’ll rule the roost in the northeast, California, the northwest, and many big cities, but they’ll be dead in the water everywhere else.

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Politics today is a team sport. It’s why Rep. Thomas Massie (R-Ky.) and Rep. Marjorie Taylor Greene (R-Ga.) were bounced from the GOP: They weren’t team players. A generation ago, we elected representatives to protect our local interests; now, we elect them to support our party on a national level.

And we’ll fire ‘em if they don’t!

There are no local federal elections anymore. Everything is nationalized. For better or worse, the Democratic agenda and the DSA’s agenda are now intertwined.

Which means that ALL the Democratic candidates for federal office are asking voters to let them empower the national DSA agenda.

That’s not just my opinion. It’s what the Democrats are saying.

From Fox News:

Rep. Josh Gottheimer, a leading moderate/centrist Democrat from New Jersey, told Jewish Insider that the socialists’ anti-Israel point of view is a "growing cancer, and we can’t let it spread, and we cannot ignore it." He warned that the incoming DSA-aligned lawmakers will be coming to Washington to "wreak havoc in Congress" and will try to "hold the party hostage" to their socialist views. "It will lead to more gridlock and dysfunction, and hard-working families will pay the price for this," he said. "The socialists have put their own personal hatred above our national security and our promises to our allies. And I think we’ve got to call out hate when we see it."

"This is a bridge too far," agrees veteran Democratic strategist James Carville, who cautions that embracing candidates whose politics fall well outside the party's historical mainstream risks alienating precisely the voters Democrats need to regain strong, enduring governing majorities. He dismisses the political views of Chevalier as entirely anathema to the Democratic Party, insisting that "they should not seat her in the caucus. Her views are totally against anything that any Democrat has. We believe in pluralism, she doesn’t believe in interracial dating…Lady, I ain’t in the same party as you…She has attacked interracial relationships and the American flag." Carville considers this a line in the sand. "I actually do think it’s time for Democrats to talk the S word," he says. "Schism. I really do. Everybody’s always said, ‘No, no, we’re a coalition. We’re a big tent.’ And there’s some – there’s just some s--- that I can’t be in the same tent with."

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This is a winning issue for the GOP: When your opponent is making a mistake, for the love of God, don’t interrupt him!

A landmark Supreme Court decision would’ve been one helluva interruption. 

Third, if the Supreme Court hadn’t demonstrated its independence, the Democrats’ pledge to pack the court — and contort the Constitution — would no longer look like an insane overreach. If President Trump had successfully overturned birthright citizenship by signing an executive order, the Dems would’ve gone scorched-earth on the Supreme Court, accusing it of being in the pocket of the president (as well as Big Tech, Big Corporations, AIPAC, the “Epstein class,” yada yada), a rudderless institution, and subservient to the GOP.

(They still will, of course — but after Trump lost his most important legal case, their argument was gutted. In hindsight, it looks kind of silly.)

It also opens an opportunity for the GOP to tackle the immigration problem by other means:

Part of the reason why the abortion debate grew so contentious was that nine unelected judges made the decision for the entire country in 1973. Had the issue remained in the public square, it would’ve been debated, argued, measured, and assessed by the American people. 

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That’s how we reach a consensus.

But when the Supreme Court takes over an issue, there’s no opportunity for a consensus, because it’s no longer up to us to decide. So instead, we shout talking points at each other — and nothing ever changes. 

You can’t win hearts and minds with political slogans. You need ideas!

At least now, we can have a national debate over what it means to be an American: Is it in our national interest for pregnant immigrants to illegally enter our country, deliver an anchor baby, and then claim lifelong citizenship? Or is that a recipe for abuse, fraud, and government waste?

Meanwhile, the DSA Dems are arguing that borders don’t even matter — and any immigrant who wants to be here has the same citizenship rights as you and me. Heck, they can even vote in our elections!

That’s a debate the Republicans can win.

So let’s have the debate. Let’s talk immigration. Let’s discuss the DSA agenda and compare it with the Republican platform.

And let’s make the 2026 midterms a referendum on which vision the American people prefer.

Just because we didn’t win at the Supreme Court today doesn’t mean we won’t win the midterms. Because the opposite is likely true: Today’s loss makes an Election Day victory more probable. 

One Last Thing: 2026 is a critical year for America First. It began with Mayor Mamdani declaring war on “rugged individualism” and will reach a crescendo with the midterm elections. Nothing less than the fate of the America First movement teeters in the balance.

Never before have the political battle lines been so clearly defined. Win or lose, 2026 will transform our country.

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