Supreme Court BOMBSHELLS: Against Trump on Birthright Citizenship, WIN For Protecting Female Sports, with Mike Davis, Alan Dershowitz, and Kristen Waggoner | Ep. 1350
Episode of The Megyn Kelly Show · June 30, 2026 · 1 h 44 min
Megyn Kelly, Mike Davis and Alan Dershowitz debate the Supreme Court's birthright citizenship ruling, then Kristen Waggoner and Madison Kenyon celebrate the decision upholding girls' sports bans.
Summary
On the last day of the Supreme Court's term, Megyn Kelly reacted to two major rulings: a 5-4 decision striking down President Trump's executive order ending birthright citizenship, joined by Chief Justice Roberts, Justice Barrett and the three liberal justices, and a decision allowing states to bar biological males from girls' and women's sports. Kelly called the birthright ruling cowardly, praised Justice Alito's dissent, and criticized NPR and Nina Totenberg for a quickly retracted report that Alito was retiring.
Mike Davis called the birthright decision the most lawless in decades, argued that it constitutionalized the issue so only a constitutional amendment could fix it, and accused Roberts and Barrett of vanity. He urged passage of the SAVE America Act and aggressive deportations. Alan Dershowitz called birthright citizenship a foolish policy but said the ruling might be textually correct. He argued that the Court's comments about legislation were dictum and that Congress should pass a statute defining who is not subject to U.S. jurisdiction. He cautioned against psychoanalyzing the justices and opposed deporting pregnant women. The three also discussed Justice Scalia's likely view, a campaign finance ruling extending Citizens United, Dershowitz's departure from the Democratic Party, and Trump's Truth Social post calling for congressional legislation.
In the second half, Kristen Waggoner of Alliance Defending Freedom and former athlete Madison Kenyon discussed the ruling upholding Idaho and West Virginia laws. Kelly read passages from Justice Kavanaugh's majority opinion on the zero-sum nature of sports and from Justice Thomas's concurrence calling gender dysphoria a mutable condition. Kenyon described how her athletic scholarship shaped her life. Waggoner said ADF would pursue cases in the remaining 23 states and extend the ruling's logic to locker rooms. The guests criticized media coverage by NBC, ABC, CNN and USA Today, discussed allegations against the West Virginia plaintiff B.P.J., and credited the Lia Thomas controversy with shifting public opinion.
Chapters
- 0:00
Two major Supreme Court rulings
Kelly previewed the decisions upholding state bans on boys in girls' sports and striking down Trump's birthright citizenship order.
- 1:13
Birthright citizenship ruling breakdown
Kelly outlined the majority, Kavanaugh's concurrence and Alito's national-security-focused dissent.
- 7:01
NPR's erroneous Alito retirement report
Kelly criticized Nina Totenberg and NPR for a retracted report that Justice Alito was stepping down.
- 11:15
Davis and Dershowitz react
Davis called the ruling lawless while Dershowitz framed it as textualism versus common sense and argued that Congress could legislate around it.
- 19:22
Barrett, Scalia and judicial courage
The guests debated whether Barrett betrayed originalism, how Scalia would have ruled, and whether the justices feared being called racist.
- 31:27
Next steps on birth tourism
Davis urged the SAVE America Act and deportations, while Dershowitz preferred carefully drafted legislation to test the Court's dictum.
- 36:35
Judicial emotion, campaign finance and party politics
Dershowitz discussed the liberal justices' writing, called the coordinated-spending ruling bad for democracy, and explained why he left the Democratic Party.
- 43:46
Trump's post and Alito retirement rumors
Kelly read Trump's call for legislation, and Dershowitz explained the dictum argument and criticized Totenberg.
Linked moment · 51:29Skip to 51:29 using a listen link in the info box.
51:29Girls' sports ruling and the plaintiffs
Kelly introduced Waggoner and Kenyon, who described the six-year litigation and the ruling's implications.
- 1:04:04
Kavanaugh's opinion on the value of sports
Kelly read Kavanaugh's passage on the zero-sum nature of sports, and Kenyon described what her scholarship meant to her.
- 1:12:01
Media coverage and the B.P.J. case
The group criticized NBC, CNN, USA Today and ABC coverage and discussed harassment allegations against B.P.J.
- 1:32:24
The dissent and the road ahead
Kelly read the liberal dissent, and Waggoner outlined pending cases in Minnesota and Connecticut and urged action at school boards.
- 1:42:05
Closing poem
Kelly read an Irish teenager's poem about womanhood.
Key points
What was said, by whom, with the exact words. Timestamps jump to the moment.
- Megyn Kelly
Kelly argues that Kavanaugh's suggested congressional path will not work given the five-justice majority.
“His we can do this by congressional amendment idea will not fly”
Listen from 2:27 · Birthright citizenship in the United States
- Mike Davis
Davis calls the birthright citizenship ruling the most lawless Supreme Court decision in decades.
“This is the most egregious, lawless decision I've seen out of the Supreme Court in many, many, many years, maybe decades”
Listen from 11:15 · Birthright citizenship in the United States
- Alan Dershowitz
Dershowitz argues that birthright citizenship is a foolish policy that no sensible drafter would put in a constitution.
“Look, let's start with birthright citizenship. It's the dumbest idea ever conceived of anybody. No smart person would ever put birthright citizenship in a constitution”
Listen from 13:43 · Birthright citizenship in the United States
- Alan Dershowitz
Dershowitz views the ruling as possibly textually correct but contrary to common sense, and believes Congress can effectively override it.
“So I think this is maybe the right textual decision, but the wrong common sense decision. And I think Congress can overrule it in effect”
- Mike Davis
Davis argues that five justices have constitutionalized birthright citizenship, so a statute cannot change it and only a constitutional amendment can.
“we already have five votes with the Chief Justice, Justice Barrett, and the three liberal justices saying that this is now constitutionalized under the 14th Amendment, so you can't change it by statute”
Listen from 17:41 · Fourteenth Amendment to the United States Constitution
- Alan Dershowitz
Dershowitz says the Harvard Law School faculty is now overwhelmingly liberal Democratic.
“the Harvard Law School faculty is, you know, 98 percent liberal Democrat”
- Mike Davis
Davis, quoting a friend, says Roberts believed he was writing the next Brown v. Board but instead wrote a ruling as flawed as Roe.
“The Chief Justice thought he was writing the next Brown v. Board of Education decision, but he wrote the next Roe”
Listen from 25:44 · Birthright citizenship in the United States
- Alan Dershowitz
Dershowitz disputes that fear of being called racist motivated the swing justices and urges critics not to psychoanalyze them.
“I would stay away from trying to psychoanalyze or politicize these justices. I think they did what they thought was right”
- Mike Davis
Davis urges Congress to pass the SAVE America Act immediately and cancel its August recess to do so.
“Congress needs to pass the Save America Act immediately, cancel August recess, get that to the president's desk”
- Alan Dershowitz
Dershowitz opposes deporting pregnant women as a response and prefers legislation.
“I'm not in favor of starting to round up pregnant women and deporting them”
- Alan Dershowitz
Dershowitz says the coordinated party spending ruling is consistent with Citizens United but bad for democracy.
“I do think that it's consistent with Citizens United, but it's a bad decision from the point of view of democracy”
- Alan Dershowitz
Dershowitz says he left the Democratic Party because of the victories of far-left candidates such as Mamdani.
“It's the reason I've left the Democratic Party. I can't be in a party with the people who won those elections or with Mamdani”
- Alan Dershowitz
Dershowitz argues that the Court's remarks about legislation are only dictum until Congress actually passes a law and the Court rules on it.
“It's dictum until you get legislation. And then if the court strikes down the legislation as being inconsistent with the body of the 14th Amendment, then it's a holding”
Listen from 45:36 · Fourteenth Amendment to the United States Constitution
- Alan DershowitzPrediction · due Jun 2027
Dershowitz predicts Justice Alito will likely retire over the summer or at the end of the next term.
“Justice Alito probably will retire over the summer or maybe at the end the next term”
- Kristen Waggoner
Waggoner says ADF will pursue the 23 states without bans and already has cases in several of them.
“And so we're coming for the 23 states. I mean, we already have cases in several of those states”
- Kristen Waggoner
Waggoner predicts the ruling's logic will extend to locker rooms, dorms and showers.
“I think that the logic of it is going to extend to our rights in the locker rooms, in the dorm rooms, in the showers”
- Madison Kenyon
Kenyon argues that limited roster spots and scholarships given to males take opportunities away from women.
“these limited roster spots, these tentative scholarships cannot be given to men because it's stripping it from a woman who should have had it”
- Megyn Kelly
Kelly disputes claims that only 10 trans athletes compete in NCAA sports, citing OutSports' count of over 40 openly trans college athletes.
“They stated openly on the record that there have been well over 40 out, meaning non-closeted, trans athletes competing in college sports”
- Madison Kenyon
Kenyon argues that a single male athlete displaces many female competitors across events.
“one male athlete in a race on the track displaces eight others on a track with nine lanes”
- Kristen Waggoner
Waggoner states that B.P.J. displaced hundreds of girls and won championships during middle school.
“he displaced 470 girls 1,400 times, took two regional championships and a state championship all through middle school”
Listen from 1:23:23 · Little v. Hecox and West Virginia v. B.P.J.
- Kristen Waggoner
Waggoner rejects claims that sex verification will require invasive testing, noting that such laws have operated in 27 states without problems.
“These laws have been in place in 27 states, many of them since 2020. we haven't had those problems and this is about fairness not surveillance”
- Megyn Kelly
Kelly credits the Lia Thomas controversy with changing the public debate over trans athletes.
“I'm grateful to Leah Thomas because I think Leah Thomas was a game changer in this whole debate”
- Kristen Waggoner
Waggoner believes the Court will eventually rule that Title IX requires excluding males from girls' sports.
“I think we're well on our way to eventually get that ruling”
People
In the conversation
- Megyn KellyConservative broadcaster and podcaster
- Alan DershowitzLawyer described as faculty adviser to Harvard Chabad
- Mike DavisFounder and president of the Article III Project and former law clerk to Justice Neil Gorsuch
- Kristen WaggonerPresident and CEO of Alliance Defending Freedom
- Madison KenyonFormer Idaho State University track athlete and party to the Idaho litigation over girls' sports
Discussed
- Donald TrumpPresident of the United States whose conduct of the Iran war is the episode's main subject
- John RobertsChief Justice of the United States
- Amy Coney BarrettSupreme Court justice who joined the birthright citizenship majority
- Brett KavanaughUS Supreme Court justice targeted in an assassination attempt
- Samuel AlitoSupreme Court justice rumored to be considering retirement
- Clarence ThomasU.S. Supreme Court justice in the voting rights ruling majority
- Neil GorsuchAssociate Justice of the U.S. Supreme Court and co-author of Heroes of 1776
- Ketanji Brown JacksonSupreme Court justice criticized for her birthright citizenship analogy
- Sonia SotomayorSupreme Court justice cited for opinions in the location and agency cases
- Nina TotenbergNPR legal affairs correspondent whose byline appeared on the retracted Alito retirement report
- Antonin ScaliaLate Supreme Court justice whose likely view on birthright citizenship was debated
- Jacob M. Howard19th-century senator who authored the citizenship clause of the 14th Amendment
- Lia ThomasTransgender swimmer who won an NCAA Division I title at Penn
- June EastwoodTransgender former University of Montana runner who competed against Kenyon
- Becky Pepper-JacksonWest Virginia transgender athlete, the plaintiff B.P.J. in the Supreme Court case
- Raúl LabradorAttorney General of Idaho who defended the state's sports law
- JB McCuskeyAttorney General of West Virginia who defended the state's sports law
- Nancy ArmourUSA Today sports columnist criticized by Kelly
Topics
- Birthright citizenship in the United States
- Fourteenth Amendment to the United States Constitution
- Supreme Court of the United States
- Little v. Hecox and West Virginia v. B.P.J.
- Transgender people in sports
- Alliance Defending Freedom
- Title IX
- Birth tourism
- NPR Alito retirement report
- Originalism and textualism
- Citizens United v. FEC
- Bostock v. Clayton County
- SAVE America Act
- Founding Fathers and One Jewish Mother
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From the publisher
Megyn Kelly begins the show with the breaking news on the Supreme Court striking down President Trump's birthright citizenship executive order, why Chief Justice Roberts and Justice Barrett let down the conservatives again, and more. Then Mike Davis, founder of the Article III Project, and Alan Dershowitz, author of "Founding Fathers and One Jewish Mother," join to discuss and debate the Supreme Court's massive birthright citizenship ruling, how Justice Antonin Scalia would have ruled on this issue, whether Congress could take action to fix this issue, steps President Trump could take right now to cut down on and stop birthright tourism, whether Justice Kavanaugh could have offered a path to a new ruling, and more. Then Kristen Waggoner, President and CEO of Alliance Defending Freedom, and Madison Kenyon, former female athlete, join to discuss the historic Supreme Court decision allowing states to ban boys from girls' sports, what the ruling means for female athletes nationwide, the vindication female athlete Kenyon feels after being forced to compete against a male, Justice Kavanaugh's powerful opinion explaining why protecting girls' and women's sports matters, the Supreme Court's recognition of biological differences and biological reality, the hysterical reaction from the left to the Supreme Court ruling protecting girls' and women's sports, media efforts to spin the decision, what will happen next with the fight to protect female spaces, and more. Davis- https://article3project.org/ Dershowitz- https://www.amazon.com/Founding-Fathers-One-Jewish-Mother/dp/1510787682/ Waggoner & Kenyon- https://adflegal.org/ Supersure Insurance: Upgrade your business insurance to a year-round SuperAgency at https://Supersure.com/Megyn Herald Group: Learn more at https://GuardYourCard.com The Wellness Company: Don’t let a sudden illness derail your summer—secure your peace of mind and save $45 on a Medical Emergency Kit today by visiting https://UrgentCareKit.com/MK and using pro…
Summary, chapters and key points were generated from the episode transcript on September 29, 2026. Quotes are checked word for word against the transcript.