Why Not Five Votes to Rule Against Birthright-Citizenship EO on Statutory Grounds?

Source: www.nationalreview.com · Section: politics · Bias: Center-Right · Published: Thu, 02 Jul 2026 14:46:53 GMT

I was expecting that the Court would rule in Trump v. Barbara that President Trump’s executive order violates 8 U.S.C. § 1401(a) and thus find it unnecessary to decide the meaning of the Fourteenth Amendment’s Citizenship Clause. But there obviously weren’t five justices willing to take that route. It’s worth pondering why.

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