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The Birthright Decision Was Surprisingly Close, Some Legal Scholars Say
The New York Times • • nation
Key Points:
- The Supreme Court ruled that birthright citizenship is guaranteed by the 14th Amendment, striking down President Trump's executive order attempting to limit it.
- Four conservative justices—Thomas, Kavanaugh, Alito, and Gorsuch—dissented or expressed doubts about birthright citizenship as a constitutional right for certain groups.
- Justice Kavanaugh concurred with the decision to block the order but based his reasoning on federal statute rather than the 14th Amendment.
- The ruling survived by a narrow margin, highlighting a shift in conservative legal perspectives on birthright citizenship.
- Historically, there was broad consensus that the 14th Amendment granted citizenship to nearly all babies born in the U.S., a view challenged politically and legally since Trump's 2015 campaign.
