The Journal. · Tuesday, June 30, 2026
Justice Brett Kavanaugh, a Trump appointee, agreed with the Supreme Court's outcome in the birthright citizenship case but on narrower grounds. Kavanaugh stated that the president alone does not have the authority to alter birthright citizenship rules. However, he suggested that Congress could potentially pass legislation to create new exceptions to the birthright citizenship guarantee.
“So, Brett Kavanaugh, a Trump appointee, delivered a concurring opinion, meaning he agreed with the outcome of the ruling, but his legal thinking is different.”
“Kavanaugh said that the president alone doesn't have the authority to change the rules around birthright citizenship.”
“But if Congress wanted to pass a new statute to carve out new exceptions to the birthright citizenship guarantee, Congress could do that, in the view of Brett Kavanaugh.”