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.