Jim Banks Just Found the Legal Door Kavanaugh Left Open On Birthright — and He’s Walking Straight Through It

Amendment, five justices held that the Amendment itself guarantees citizenship to children born here to parents who are unlawfully present. Kavanaugh supplied the sixth vote — but on narrower statutory grounds. Crucially, Kavanaugh’s concurrence explicitly suggested that Congress could amend federal law to create additional exceptions to birthright citizenship beyond those currently recognized. He didn’t close the door. He left it open, described its dimensions, and essentially drew a map to it.

Banks read that concurrence carefully. The result is legislation that would codify Trump’s invasion declaration into statute and amend the Immigration and Nationality Act to exclude children