Former U.S. attorney Chuck Rosenberg said Thursday that President Donald Trump could be “proved right” on the legality of ending birthright citizenship for the children of illegal immigrants.

The Supreme Court is set to deliberate on Trump’s executive order signed on January 20, which denies birthright citizenship to children born to parents who are unlawfully in the U.S. Rosenberg suggested that the Court could potentially rule in Trump’s favor, allowing the executive order to proceed.

“It could change. Might President Trump be proved right? He might be proved right,” Rosenberg told MSNBC. “But it is absolutely distinctly the minority view.”

If the nine justices rule in Trump’s favor, they would overturn United States v. Wong Kim Ark, an 1898 decision that affirmed the birthright citizenship clause of the 14th Amendment applies to everyone born on U.S. soil, Rosenberg said, according to the Daily Caller.

The Supreme Court will also decide whether district judges have the authority to block an executive branch order. Several judges have issued rulings preventing the order from taking effect, including Reagan-appointed U.S. District Court Judge John Coughenour, who described the executive order as “blatantly unconstitutional” in a January 23 ruling.

Over 20 Democrat-led states, along with immigrant advocacy groups, legally challenged the executive order.

The day after Trump signed the executive order, Washington, Oregon, Arizona, and Illinois filed a multi-state lawsuit to block the new policy. A separate lawsuit filed by Democratic New Jersey Attorney General Matthew J. Platkin pointed out that over 153,000 children were born to two noncitizen parents in 2022.

On March 13, the Trump administration requested that the Supreme Court lift the orders blocking the birthright citizenship policy from taking effect. The Court agreed to hear the case in an April 17 decision.

Federal judges have previously intervened in other Trump policies, including the termination of a Biden-era program that allowed half a million foreign nationals into the U.S. and his efforts to require proof of citizenship to vote in U.S. elections.