Brett Kavanaugh May Have Accidentally Opened the Door to New Gun Restrictions

Jurisprudence

July 15, 20265:45 AM

Photo illustration by Slate. Photos by Elena/Adobe Stock and Kenny Holston/Pool/Getty Images.

Of the six separate opinions the Supreme Court generated last month in Trump v. Barbara, the birthright citizenship case, Justice Brett Kavanaugh’s solo contribution was the quirkiest, and perhaps the most revealing. Aside from its grim implications for the court and potentially for birthright citizenship itself, Kavanaugh’s opinion did another big thing that has not really been discussed. Whether intentionally or not, he may have shown how the court can approve greater restrictions on firearms.

The outcome of Barbara turned on the word “jurisdiction” in the 14th Amendment, ratified in 1868, which provides that “All persons born … in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”