It's worse than that. It's 5-4 on the read of the constitution since Kavanaugh doesn't think it violates the 14th amendment, just a federal statute.

It's worse than that. The text of the statute is literally the same as the text of the 14th amendment's birthright clause. So he's basically saying the text means one thing when it's a statute, but the exact same words might allow exceptions in the context of the Constitution.