Justice Brett Kavanaugh rejected the Supreme Court majority's constitutional ruling on birthright citizenship but joined the result, concluding that a federal law broadly grants birthright citizenship and that a future Congress could restrict it by changing that law.
Notes on verification
Multiple independent sources (SCOTUSblog, Constitution Center, Slate, Fox News) corroborate the specific concurrence reasoning attributed to Kavanaugh, including his statutory rather than constitutional basis for the ruling.
Sources
- Supreme Court upholds birthright citizenship, rejecting Trump’s proposed limits (apnews.com)
- https://constitutioncenter.org/blog/supreme-court-strikes-down-trumps-birthright-citizenship-executive-order-in-landmark-decision (constitutioncenter.org)
- https://slate.com/news-and-politics/2026/06/brett-kavanaugh-trump-attack-birthright-citizenship-fail.html (slate.com)
- https://www.scotusblog.com/2026/06/breaking-down-the-birthright-citizenship-decision/ (scotusblog.com)
- https://www.foxnews.com/politics/trumps-hero-justice-offers-roadmap-supreme-court-rejects-birthright-order (foxnews.com)