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

justice majority held that the 14th Amendment itself — not just federal statute — protects birthright citizenship for children born here to illegal aliens. Banks’ bill would therefore set up a direct constitutional confrontation rather than neatly sidestep what the Court decided. If it passes and is challenged, the question of whether Congress can define illegal entry as “invasion” sufficient to trigger the carve-out goes right back to the Supreme Court.

That fight is worth having. The alternative — accepting that the 14th Amendment permanently and irrevocably grants automatic citizenship to every child born on American soil regardless of