which judges voted against birth right citizenship

The judges who voted against President Trump’s birthright citizenship order were Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. Justice Brett Kavanaugh did not join that group; he disagreed with the Court’s constitutional reasoning but still voted to block the order on federal-law grounds.

What the vote looked like

• Against birthright citizenship protections: Thomas, Alito, Gorsuch.

• Separate position: Kavanaugh criticized the constitutional ruling but did not side with the dissenters on the final outcome.

• Majority blocking Trump’s order: Chief Justice Roberts plus Barrett and the three liberal justices, with Kavanaugh concurring in part.

Why this matters

This was a high-profile split because most of the Court rejected Trump’s attempt to narrow birthright citizenship, but three justices would have allowed it. The decision also showed a narrower internal divide over whether the issue should be decided under the Constitution or under federal law.

If you want, I can turn this into a simple one-line list of who was on each side.