Justice Brett Kavanaugh rejected the majority's constitutional ruling on birthright citizenship but joined the result because he concluded that a federal law broadly grants birthright citizenship, meaning a future Congress could restrict it by changing that law.
Sources
- Supreme Court upholds birthright citizenship, rejecting Trump’s proposed limits (apnews.com)
- https://constitutioncenter.org/blog/supreme-court-strikes-down-trumps-birthright-citizenship-executive-order-in-landmark-decision (constitutioncenter.org)
- https://www.cbsnews.com/news/supreme-court-birthright-citizenship-trump-decision/ (cbsnews.com)
- https://www.npr.org/2026/06/30/nx-s1-5839358/birthright-citizenship-decision-scotus-trump (npr.org)
- https://slate.com/news-and-politics/2026/06/brett-kavanaugh-trump-attack-birthright-citizenship-fail.html (slate.com)
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