CONSTITUTIONAL SCHOLARS STRUGGLING TO READ THE BIRTHRIGHT CITIZENSHIP DECISION

On the issue of whether the 14th Amendment bars Trump from enforcing his EO on birthright citizenship the vote was 5/4.  Four Justices voted Trump's EO DOES NOT VIOLATE the 14th Amendment.

Enforcement of Trump's EO fell short by one vote.  If any of the 5 who voted Trump's EO violated the 14th Amendment were to die during the next 2 1/2 years Trump could appoint the 5th vote.

This is what I reported as key to the story.  The 5/4 is dangerous.

The mainstream media got it all wrong, because they cannot read a simple opinion.

This is a good summary of how the decision is being read as 6/3, based on statutory language and not the 14th Amendment.

"More importantly for the future, while three justices outright dissented, a fourth (Brett Kavanaugh), joined dissenters in finding no 14th Amendment violation. (Kavanaugh signed onto the majority decision blocking Trump's executive order but based his view on a violation of immigration statutes dating to 1940 and 1952.)"

Kavanaugh was desperate to send a message with one more Justice appointed by Trump birthright citizenship can come to an end.

Late last night analyst finally started to report what really happened.