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Justice Brett Kavanaugh agreed with the result that the court reached – that the president’s executive order is invalid – but not its reasoning. In his view, Trump’s order “does not violate the Fourteenth Amendment” but does violate a federal law providing that children who are “born in the United States, and subject to the jurisdiction thereof” are U.S. citizens. Congress, Kavanaugh suggested, “could amend” that law “or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But,” he noted, “Congress has not yet done so.”