Trump Considers New Order After SCOTUS ‘Birthright’ Ruling

But Kavanaugh concluded that the order did not violate the Fourteenth Amendment itself. Instead, he wrote that it conflicted with 8 U. S.

C. § 1401(a), the federal statute that codifies key provisions governing birthright citizenship.

Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country,” he wrote in his opinion

“But Congress has not yet done so,” the Trump appointee added.