Turley: Liberal Justices Channel Scalia on Birthright Citizenship

Fox News contributor says liberal justices sounded like late Justice Antonin Scalia in Supreme Court case.

Apr. 2, 2026 at 4:25am

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On Fox News, legal scholar Jonathan Turley commented on the Supreme Court's recent birthright citizenship case, saying it was 'hilarious' to hear the liberal justices, who typically interpret the Constitution broadly, sounding like the late conservative Justice Antonin Scalia in their strict textual reading of the Constitution's language on the issue.

Why it matters

The birthright citizenship case before the Supreme Court has significant implications for immigration policy and the scope of the 14th Amendment. Turley's remarks highlight the ideological tensions on the Court and the unexpected alliances that can form around specific legal interpretations.

The details

Turley, a Fox News contributor and law professor, said the liberal justices were 'grappling with over 100 years of precedent' on birthright citizenship and seemed to be 'channeling Scalia' by focusing on the original intent and plain language of the Constitution, rather than a more expansive interpretation. He noted that conservatives typically defer to precedent, which in this case is benefiting the liberal position.

  • The Supreme Court heard arguments in the birthright citizenship case on April 1, 2026.

The players

Jonathan Turley

A Fox News contributor and George Washington University Law Professor who commented on the Supreme Court's birthright citizenship case.

Antonin Scalia

The late conservative Supreme Court Justice known for his strict, textualist approach to constitutional interpretation.

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What they’re saying

“'[T]hese justices really were grappling with over 100 years of precedent. The hilarious aspect of this, Laura, and I'm sure you felt the same way, was to hear the liberal justices, who rarely allow the language of the Constitution to stand in the way of a preferred interpretation, but they seemed to be channeling Scalia today, talking about we really have to go back to that original intent, and it's pretty clear this is the English rule. And that obviously played to the conservative justices.'”

— Jonathan Turley, Fox News Contributor and George Washington University Law Professor

What’s next

The Supreme Court is expected to issue a ruling on the birthright citizenship case before the end of its current term.

The takeaway

The Supreme Court's consideration of the birthright citizenship case has revealed unexpected ideological alignments, with liberal justices adopting a more textualist approach similar to the late Justice Scalia, highlighting the complex and nuanced nature of constitutional interpretation.