The Supreme Court struck down President Trump’s executive order on birthright citizenship Tuesday in a 6, 3 ruling, but one Trump-appointed justice may have quietly opened a door the White House and congressional Republicans are already rushing to walk through.
Justice Brett Kavanaugh voted with the majority in Trump v. Barbara to block the executive order. But his separate opinion broke sharply from Chief Justice John Roberts’s reasoning. Where Roberts grounded the ruling in the Fourteenth Amendment itself, Kavanaugh argued the order failed only because it conflicted with existing federal statute, not the Constitution. The distinction matters enormously.
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