Justice Kavanaugh ruled President Trump's birthright citizenship order conflicted with federal law, not the Constitution.

Justice Kavanaugh May Have Handed law makers an open path to Fix Birthright Citizenship

Despite Tuesday's surprising ruling on birthright citizenship, one of the conservative justices outlined a potential path forward that could address concerns such as birth tourism and the automatic granting of citizenship to the children of illegal immigrants.

Justice Brett Kavanaugh joined two other justices in striking down President Trump's executive order but wrote separately in partial dissent.

He concluded that Trump's executive order on birthright citizenship was not unconstitutional, but that it was in conflict with existing federal law.

In his opinion, he also outlined a framework to address concerns around birthright citizenship through legislation, making it clear that any path to long lasting change would likely require an act of Congress.

Justice Kavanaugh wrote:
"Consistent with the Fourteenth Amendment, Congress could amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country," he added. "But Congress has not yet done so."

Justice Kavanaugh went on to write:
"Significant illegal immigration into the United States is a new circumstance that was largely unknown as of 1868 and that the Framers of the Fourteenth Amendment could not have fully anticipated, and the Framers likely would not have anticipated (and presumably would not have intended) the odd result of granting a substantial birthright citizenship benefit to (i) those foreign citizens who violate U. S. immigration law and illegally enter or overstay and then have children in the United States over (ii) those foreign citizens who follow U. S. immigration law and have children in their home countries while seeking to lawfully immigrate to the United States. Nor presumably would they have wanted to grant constitutional birthright citizenship to children of foreign citizens unlawfully in the country while simultaneously denying constitutional birthright citizenship to children of tribal American Indians."

The question is will Congress act?
We can't even get our elected leaders to pass the Save America Act which has around 80% bipartisan support of the population, so I guess we will see.