Lisa Lambert
BBC News
Justice Brett Kavanaugh joined five others in voting against Trump’s executive order, but his reasoning was all his own.
“In my view, the Executive Order does not violate the Fourteenth Amendment,” he wrote in an opinion explaining his divergence. “The constitutional issue is not straightforward, much as we might want it to be.”
Basically, Kavanaugh’s problem with the executive order stems from immigration legislation passed early in the 20th century – the Nationality Act of 1940 and Immigration and Nationality Act of 1952. Lawmakers used language from the 14th amendment and also parts of the Court’s Wong Kirk Ark
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