People walk outside the U.S. Supreme Court where justices are expected to issue orders in pending appeals, in Washington, D.C., June 29, 2026.
People walk outside the Supreme Court where justices are expected to issue orders in pending appeals, in Washington, D.C., June 29, 2026.(Cheney Orr/Reuters)

The first thing to understand about the dissents in Trump v. Barbara is that they are not about children of illegal immigrants.

The Trump executive order on birthright citizenship challenged the constitutional basis for citizenship of the children of two classes of people. One was transients through the country, or “birth tourists,” who never took up residence in America long enough to make a home here; the other is illegal immigrants. But through 143 pages of dissents (including Justice Brett Kavanaugh’s concurrence in the result, which disagreed with the majority’s constitutional holding), nobody actually makes a serious, full-dress constitutional argument that ...

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