I have a hypothesis that Trump knows that if he signs an executive order banning birthright citizenship, that it will be found unconstitutional by the supreme court. This is a way that Trump can show his views on immigration, while at the same time giving an easy toss-up to show that the supreme court, especially his new picks, will be impartial to the president’s wishes and will follow the constitution.
I hypothesize that what he will do next is dangle this threat of the executive order, and use it as leverage. Why announce he will instead of just going for it immediately? He might want that leverage in case the Democrats win the house, there could be more momentum behind the Democrats who might want to impeach Kavanaugh, then he can embarrass them by showing that the new picks are willing to act against Trump if Trump’s order is unconstitutional.
This could make more of the Democratic base who haven’t already walked away (#walkaway) question the legitimacy of the claim that Kavanaugh is unfit for the job. Especially since the allegations against Kavanaugh didn’t work, and realistically won’t under the law since a crime hasn’t been proven, the Democrats would need a different angle to try to impeach him. If the supreme court, including Kavanaugh, rule that Trump’s order is unconstitutional, that could help quash an argument that Kavanaugh will use political bias in court decisions in favor of Republicans, and that they will act against the president if his order is unconstitutional. As of writing, Trump has yet to sign the executive order. We’ll find out how this plays out.