American Moment
@americanmoment·7.2K subscribers·803 videos
Law Law Land (ft. Ilan Wurman)
Posted
August 17, 2026
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August 17, 2026
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55:59Now PlayingThis week on Moment of Truth, Professor Ilan Wurman of the University of Minnesota returns for round two on birthright citizenship, breaking down the Supreme Court's decision and what comes next.
Ilan explains why the 5-4 ruling is actually closer to a victory than it looks, walks through the flaws in the majority's reasoning on extraterritoriality and the entry fiction, and makes the case for the Thomas-Gorsuch dissent He also gives a sympathetic read on Justice Barrett, lays out what a future administration and a future Supreme Court appointment could actually do differently, and pushes back hard against the doom and gloom many young conservatives are feeling.
Plus: his new book, The Constitution of 1789, and why he thinks Americans should love the Constitution the way it actually was written — not in spite of it.
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This episode is brought to you by STAED, the official drink of Moment of Truth.
#birthrightcitizenship #supremecourt #legalnews
(00:00) Welcome to Moment of Truth
(03:00) Trouble for Ilan
(06:03) The Best Case for a 5-4 Loss
(09:59) What the Majority Opinion Actually Says
(13:25) The Entry Fiction and Why the Majority's Reasoning Falls Apart
(16:03) The Three Dissenting Opinions
(19:56) Complete Jurisdiction Is the Right Test
(23:14) Should We Just Try This Again?
(29:02) Birth Tourism
(34:58) Amy Coney Barrett
(40:16) The Sweet Spot for Overturning Precedent
(42:25) Do You Have a Country if You Cannot Control Who Is In It?
(46:14) White Pilling Young Lawyers
(51:22) Where to Find Rationally Based and Ilan's New Book, The Constitution of 1789
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American Moment's "Moment of Truth" Podcast is recorded at the Conservative Partnership Center in Washington DC, produced and edited by Jake Mercier and Hunter Smith, with original graphics by Jared Cummings.
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