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Kavanaugh leaves backdoor for Congress to pass law saying babies born to foreigners temporarily in US are NOT citizens
The Post Millennial ^ | June 30, 2026 | Libby Emmons

Posted on 07/01/2026 7:03:37 AM PDT by Twotone

Justice Brett Kavanaugh concurred in part with the Supreme Court ruling opposing President Trump's ending of birthright citizenship and in part dissented, leaving an open door to Congress to make the necessary adjustments to refuse citizenship to children of illegal immigrants who have no permanent status in the United States. He said that the Executive Order from Trump "establishes new exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country."

Those exceptions created by Trump were "for children born to foreign citizens who are either illegally or temporarily in the United States." Kavanaugh does not believe that it violates the 14th Amendment, but that it violates a rule made by Congress based on a Supreme Court ruling in Wong Kim Ark. As such, Kavanaugh writes, Congress could amend their statute "or otherwise enact new legislation to encompass those two new exceptions."

In other words, Congress could put an end to birth tourism and to those children of parents who have no permanent status in the US from becoming citizens. "As of now, Congress has not done so. Over the last 30 years, Congress has considered numerous proposed bills to alter birthright citizenship, but Congress has never actually passed such legislation."

(Excerpt) Read more at thepostmillennial.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: birthright; birthrightcitizen; brettkavanaugh; citizenship; scotus
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1 posted on 07/01/2026 7:03:37 AM PDT by Twotone
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To: Twotone

Congress will not amend birthright citizenship.

Why?

Three reasons that exist presently....

Schumer. Jeffries. Thune.

If the changes are not allowed to go to committee or even get voted on, no changes will even be considered.


2 posted on 07/01/2026 7:09:10 AM PDT by adorno ( )
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To: Twotone

The real headline should be, Kavanaugh leaves the door open for Congress to use this decision as a campaign issue for the next 25+ years.


3 posted on 07/01/2026 7:10:22 AM PDT by Yogafist
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To: adorno

Congress will never do this.

It requires balls.


4 posted on 07/01/2026 7:11:02 AM PDT by Col Frank Slade
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To: Twotone

Kavanaugh’s approach can work only if there are 4 people in the SC that agree with him. Today, there aren’t.


5 posted on 07/01/2026 7:12:09 AM PDT by TTFX
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To: Twotone

Historically, as America grew, immigration was necessary. But when the Supreme Court and blue states under the Libs began giving them safety net benefits they became a financial burden to society rather than a benefit. For example, today 60% of illegals are on public assistance.


6 posted on 07/01/2026 7:14:34 AM PDT by Rowdyone (Vigilence)
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To: TTFX

“Kavanaugh’s approach can work only if there are 4 people in the SC that agree with him. Today, there aren’t.”

Correct


7 posted on 07/01/2026 7:15:39 AM PDT by Armscor38
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To: Twotone

I was looking for an explanation of why the executive order was struck down but that congress has a path to remedy. This article finally explains it.

So the executive order was not unconstitutional. It just is inconsistent with congressional law.


8 posted on 07/01/2026 7:23:56 AM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: TTFX

If you read it says Kavanaugh left the door open to Congress to act.Congress not SCOTUS


9 posted on 07/01/2026 7:25:32 AM PDT by RWGinger
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To: Twotone

America has been taking it in the “back door” for the last 60+ years.


10 posted on 07/01/2026 7:28:30 AM PDT by PGR88
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

Patriots, Call Congress
US Capitol switchboard
(202) 224-3121.

Call the White House
Comments: 202-456-1111
Switchboard: 202-456-1414
TTY/TTD Comments: 202-456-6213

Send a letter to the White House
1600 Pennsylvania Ave NW,
Washington, DC 20500

Message: Justice Kavanaugh opined: “Congress could put an end to birth tourism....... and to those children of parents who have no permanent status in the US....... from becoming citizens. As of now, Congress has not done so. Over the last 30 years, Congress has considered numerous proposed bills to alter birthright citizenship, but Congress has never actually passed such legislation.”

Now is the time to do so.


11 posted on 07/01/2026 7:32:05 AM PDT by Liz (“The heavens declare the glory of God; the skies the work of His hands." (Psalm 19:1))
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To: TTFX

Huh? Kavanaugh makes 5 stupid


12 posted on 07/01/2026 7:37:40 AM PDT by Az Joe (Pope Marx I)
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To: Armscor38

Incorrect, Kavanaugh would make #5 idiot


13 posted on 07/01/2026 7:38:08 AM PDT by Az Joe (Pope Marx I)
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To: Rowdyone

Huh? The US has over 1m legal immigrants every year, for decades and decades. Smarten up.


14 posted on 07/01/2026 7:38:55 AM PDT by Az Joe (Pope Marx I)
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To: Twotone

Stop the invasion good deal


15 posted on 07/01/2026 7:42:08 AM PDT by Vaduz (NEVER TRUST A DEMOCRAT)
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To: Twotone

Judge K krapped out and is trying to make some amends. He knows that our dysfunctional Congress never passes anything important these days.

And what the deal with Senator Josh Hawley gaveling the Senate into session, when 90% of Senators are at home or on vacations. So that Trump cannot make recess appointments. Hawley sucking up to scummy Thune.
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Hawley Faces Backlash Over Pro Forma Senate Session Blocking …
May 27, 2026 · Washington, D.C. – U.S. Senator Josh Hawley presided over a brief pro forma Senate session on Tuesday morning. …


16 posted on 07/01/2026 7:44:06 AM PDT by dennisw (Qatarlson the Insufferable blowhard -There is no limit to human stupidity. |||||||||||||||||||||||||)
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To: adorno

Move encampments of illegals waiting to be deported to homes around where Schumer, Jeffries. and Thune live. Yes, it might be expensive to buy the mansions around where these three live, but it would be money well spent.


17 posted on 07/01/2026 8:21:53 AM PDT by GOPJ (A 30 year old man identifies as a 10 year old - should he be allowed to play Little League baseball?)
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To: Liz

Thanks for the ping.


18 posted on 07/01/2026 8:53:34 AM PDT by GOPJ (A 30 year old man identifies as a 10 year old - should he be allowed to play Little League baseball?)
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To: Twotone

“Congress has never actually done X” — story of our lifetimes.


19 posted on 07/01/2026 8:54:34 AM PDT by ProtectOurFreedom
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To: ProtectOurFreedom
“Congress has never actually done X” — story of our lifetimes.

Meanwhile, from the land where Sun Tzu never sets...

Beijing is pursuing an asymmetric closed-door doctrine, ensuring domestic critical resources remain onshore while attracting additional resources from overseas. One of the most developed instances of this approach is seen in its handling of human genetic resources (HGR)...

https://jamestown.org/beijings-asymmetric-securitization-of-genomic-data/

HGR governance offers a useful case study for understanding how Beijing implements its asymmetric closed-door strategy in other domains (China Brief, May 22).

Of the four factors that this security-driven strategy seeks to retain—persons, capital, technology, and information—three map directly onto HGR retention.

Foreign-control limits on who may handle PRC genetic resources, security reviews that backstop a non-exhaustive resource catalogue, and mandatory in-country data retention all appear in the HGR regime in a more layered form than artificial intelligence (AI) investment and frontier hardware governance regimes.

The channeling of genomic data from outside the PRC toward PRC-controlled repositories through commercial sequencing operations and pandemic-era diagnostic deployments also underscores the asymmetric nature of this strategy.

20 posted on 07/01/2026 9:35:50 AM PDT by MurrietaMadman (The Gates of hell shall not prevail against you)
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