Most legal experts thought that this Trump order to take birthright citizenship away from undocumented immigrants was too radical for even this Court. But the margin was ultimately very thin. Kavanaugh concurred with the judgment only insofar as he thinks the executive order violates a law (that Congress could change). He wrote that the order did not violate the 14th Amendment. So the split in terms of the finding that curtailing birthright citizenship violates the Constitution is a bare 5-4.

  • Mirshe
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    6 days ago

    Neither would Marco Rubio, or Ted Cruz IIRC.