The Supreme Court dropped a historic ruling on Tuesday. The headlines screamed: “Trump loses birthright citizenship.” But that is not the full story. Not even close.
In Trump v. Barbara, the Court struck down Executive Order 14160, which would have ended automatic citizenship for children born to tourists and illegal aliens. Chief Justice Roberts wrote the majority opinion, joined by the liberal wing and Trump appointees Barrett and Kavanaugh. But Kavanaugh wrote a standalone opinion that changed everything.
He agreed the executive order was illegal—not because the Constitution forbids it, but because it violated an existing federal statute. He left the door wide open for Congress to change that law with a simple majority vote. No constitutional amendment required.
One day earlier, in Trump v. Slaughter, the Court handed President Trump a massive victory—ruling 6-3 that the president may fire independent agency heads at will. The 90-year-old Humphrey’s Executor precedent is dead. The buck now stops with the person the American people elected.
