FOR INSIDERS: Trump sees opportunity on birthright citizenship in Brett Kavanaugh opinion
FOR INSIDERS: Trump sees opportunity on birthright citizenship in Brett Kavanaugh opinion
President Trump says he sees an opportunity in Brett Kavanaugh’s opinion on birthright citizenship, even though the Supreme Court justice joined the court’s majority in dealing a major blow to his immigration agenda.
Kavanaugh voted to block the president’s executive order on birthright citizenship under federal law, but his opinion kept the door open to Congress rewriting the National Act of 1940, which interpreted the constitutional right to birthright citizenship.
“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 in his opinion, adding “but Congress has not yet done so.”
Shortly after the ruling came down, the president called on Congress to take action.
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” Trump wrote on Truth Social, adding “no long and unwieldy Constitutional Amendment is necessary.”
Legal experts, however, are skeptical Trump can even point to Kavanaugh’s opinion as a roadmap because it was not part of a majority opinion.
Kavanaugh was a part of the 6-3 majority that........
