Birthright Citizenship

[SmashMouth]

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. 

[Porter]

 

[OlDawg]

4 hours ago, SmashMouth said:

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

Kavanaugh did not rule the EO was unconstitutional. Kavanaugh ruled it violated a previous Statute, and that Statute could be modified. But, the EO couldn’t take effect due to the Statute—not because of the Constitution or any Amendment.

Justice Kavanaugh disagreed with the majority’s constitutional holding, but he concluded that Trump’s executive order violated a federal statute, 8 U.S.C. §1401(a). “Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.”

This is the hidden content, please

• Sign In
• or
• Sign Up

So, effectively, the ruling was 6-3 to deny the implementation of the EO. But, not because of the Constitution in Kavanaugh’s decision.