
The Supreme Court’s ruling in Trump v. Barbara struck down President Trump’s executive order denying automatic citizenship to children born to parents unlawfully or temporarily present in the United States.
Chief Justice John Roberts and the majority found a constitutional violation where none exists.
The court has ruled. Now Congress must answer.
Justice Brett Kavanaugh’s separate opinion points to the path forward. He agreed that the executive order conflicts with the law’s current language, but he rejected the majority’s interpretation of the 14th Amendment.
“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,” Kavanaugh wrote.
Congress now has both the authority and the responsibility to act.
Justice
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