There is nothing in the language of the Fourteenth Amendment which supports Trump’s executive order. There is nothing in the legislative history, either. The case law is completely consistent with the traditional interpretation. In short, there is absolutely no principled basis for any of the justices—liberal or conservative, originalist or not—to rule in Trump’s favor. This is a slam dunk.
Nevertheless, expect Thomas and Alito to flaunt their MAGA credentials by doing so. My best guess is that Kavanaugh, who is now more interested in rewriting the Constitution than interpreting it, will join them. Susan Collins will be concerned.
Trump apparently plans to attend the oral argument to overawe the justices. If he does, it will just offend them and make him look like more of a loser when the decision is released.