Thursday, February 20, 2025

Trump's Attempt to Reinstate the Birthright Citizenship Ban is Denied by the Court, and he Loses.

An appellate court affirmed a ruling on Wednesday that prevents President Donald Trump from terminating birthright citizenship for children born in the United States to parents who are undocumented immigrants. The Justice Department submitted an emergency request aimed at facilitating Trump's executive order, which has faced obstacles from lower district court judges since its announcement in January. This executive order seeks to reinterpret the 14th Amendment of the United States Constitution, which states that any individual born on American soil is granted citizenship. Among Trump's most contentious executive actions, the order asserts that this right does not extend to the offspring of individuals who are not permanent residents or citizens. A panel of three judges from the 9th Circuit Court of Appeals, appointed by Trump and former presidents Jimmy Carter and George W. Bush, denied the request. Judge Danielle Forrest, who was appointed by Trump in 2019, remarked in the ruling that the government had not demonstrated a need for immediate relief. She noted that the primary justification for the emergency request was the district court's decision, which had "stymied the implementation of an Executive Branch policy… nationwide for almost three weeks." Judge Forrest emphasized that "resolving significant substantive issues on one week’s notice disrupts our standard decision-making process" and that the situation did not necessitate such urgency. Trump's executive order was set to take effect by February 19 but was initially halted by a federal judge in January, with the suspension now extended. The administration has encountered increasing resistance from the judiciary, resulting in approximately a dozen injunctions amid around 40 lawsuits. Additionally, the Trump administration filed its first appeal to the Supreme Court on Sunday in a separate matter concerning the dismissal of the head of a whistleblower protection agency. The Supreme Court, comprising three justices appointed by Trump, is positioned to have a crucial influence in what certain experts indicate may be an impending constitutional crisis, as the president explores the boundaries of his executive authority while the judiciary responds assertively.

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