Trump’s agenda has been brought to a screeching halt. He’s furious.
Because a federal court just smacked Donald Trump with a massive loss and has set up a SCOTUS fight.
Appellate Court Rejects Trump Appeal On Birthright Citizenship Executive Order
The 9th U.S. Circuit Court of Appeals ruled Wednesday night to reject the reinstatement of President Donald Trump’s executive order that sought to limit birthright citizenship. The court stated that the Justice Department did not present a “strong showing” that it would be successful in appealing the decision.
Trump’s executive order, signed on Inauguration Day, aimed to end the constitutional guarantee of citizenship for children born in the U.S., regardless of their parents’ immigration status. The order was set to take effect on Wednesday, but its implementation has been stalled due to multiple lawsuits challenging it.
In response to a ruling by U.S. District Judge John Coughenour, who blocked the executive order, the Justice Department sought an emergency stay from the 9th Circuit Court of Appeals. However, the three-judge panel disagreed with the Justice Department’s request, ruling that the department had failed to make a compelling argument that it was likely to prevail on the appeal.
One of the judges on the panel, in a concurring opinion, criticized the Justice Department’s attempt to characterize the situation as an emergency. Judge Danielle Forrest, appointed by Trump, wrote, “It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice. Just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”
Meanwhile, other judges have pointed out that the executive order contradicts the 14th Amendment of the Constitution, which grants citizenship to anyone born in the United States. This interpretation aligns with previous Supreme Court decisions, which have affirmed birthright citizenship as a fundamental right.
The Trump administration has argued that the 14th Amendment’s provision on birthright citizenship only applies to individuals who are “subject to the jurisdiction” of the United States and owe allegiance to the country. The administration contends that the provision should not apply to children born to noncitizen parents.
Trump Looks To SCOTUS To Save His Executive Order To Reform Immigration
In the wake of a ruling from a fourth judge blocking President Donald Trump’s executive order aimed at ending birthright citizenship for the children of illegal immigrants, the president took to Truth Social to share his thoughts. He expressed strong disapproval of the ruling, claiming that the Founding Fathers would be “spinning in their graves” over the idea that the 14th Amendment could be applied to illegal immigrants. According to Trump, the amendment was designed for former slaves, not people in the country unlawfully. “Our lawyers and Judges have to be tough, and protect America!” Trump wrote on the platform.
“The 14th Amendment Right of American Citizenship never had anything to do with modern-day ‘gate crashers,’ illegal immigrants who break the Law by being in our Country, it had everything to do with giving Citizenship to former slaves,” the president continued. In his post, Trump also expressed frustration over the notion that America could be “taken away from us,” stating, “Our Founding Fathers are ‘spinning in their graves”’ at the idea.” He went on to assert, “No Nation in the World has anything like this.”
Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship,” was issued on his first day back in the Oval Office. The order aimed to end the practice of granting automatic birthright citizenship to the children of illegal immigrants. It argued that U.S. citizenship should not be automatically conferred to anyone born in the U.S. if their parents are either unlawfully present or temporarily residing in the country.
Since Trump signed the order, lawsuits have been filed by a number of Democratic-led states and cities, as well as civil rights groups. So far, four federal district judges have ruled to temporarily block the executive order, allowing the legal process to unfold.
Despite the opposition, several Republican-led states and America First Legal have filed amicus briefs in favor of Trump’s order. These groups argue that the order is constitutional, asserting that it aligns with the original intent of the 14th Amendment and previous U.S. Supreme Court rulings.
The 14th Amendment, ratified in 1868, was originally intended to grant citizenship to former slaves in the wake of the Civil War. Its language states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Dan Epstein, Vice President of America First, filed two amicus briefs in support of the president’s order. In an interview with Fox News Digital, Epstein explained his belief that the phrase “subject to the jurisdiction thereof” means that individuals seeking citizenship must owe their political allegiance to the U.S. and not to a foreign government or culture.
Epstein also contended that Trump’s executive order would restore the constitutional principle that only those who are loyal and law-abiding citizens of the U.S. should be granted citizenship. He expressed confidence that the case would ultimately reach the Supreme Court and that the court would rule in favor of Trump’s position.
“My expectation is that this is a no-brainer. The law is clear, ‘subject to the jurisdiction thereof’ has to mean something,” Epstein said. “So, it’s not a very hard question. It’s a very clear question and the law has a very clear answer.”
