Wednesday, July 8, 2026

Kavanaugh Hands Republicans a New Path

 From The Daily BS:

The Court ruled against Trump’s executive order that sought to limit automatic citizenship for children born in the United States to illegal immigrants and certain temporary visa holders. The majority concluded that the order could not stand, preserving the long-standing interpretation of the 14th Amendment’s Citizenship Clause.

That headline generated predictable celebration from immigration activists and predictable frustration from conservatives. Yet the more interesting story may be found in the concurring opinion written by Justice Brett Kavanaugh.

Kavanaugh agreed that Trump could not simply rewrite existing law through executive action. At the same time, he suggested Congress could potentially revisit the issue legislatively.

“Congress could — consistent with the Fourteenth Amendment — amend” existing citizenship statutes or “otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country,” Kavanaugh wrote, according to reports summarizing the opinion.

That single paragraph immediately electrified Republicans who have long argued that modern immigration realities bear little resemblance to the circumstances lawmakers faced when the 14th Amendment was ratified in the aftermath of the Civil War. (Read more.)

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