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Posted
On 7/1/2026 at 1:20 PM, OlDawg said:

It was basically 5-4 on the Birthright Citizenship via the 14th. Kavanaugh said birthright citizenship didn't come from the 14th, but from a previous Law passed by Congress, and that made the EO illegal. So, he was in the minority opinion (4) along with Gorsuch, Alito, and Thomas on that issue. He left an avenue in his split decision that would have allowed Congress to pass another Law defining citizenship without needing an Amendment because--in his view--the 14th didn't grant automatic birthright citizenship.

Like I said, 6/3. Based on constitutional law. 

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