The Ninth Circuit Court of Appeals recently ruled that President Donald Trump’s executive order limiting birthright citizenship is unconstitutional, as USA Today reports, taking issue with a recent Supreme Court ruling that disfavored nationwide injunctions.
This decision affirms the earlier ruling by a lower court and is a significant legal loss for the Trump administration.
On July 23, Judge Ronald M. Gould, who led the panel’s decision, stated that the order conflicted with constitutional principles from the 14th Amendment, enacted in 1868.
Deep divisions revealed
The majority opinion by Judge Gould, a Bill Clinton appointee, criticized the administration’s rationale, describing it as reliant on assumptions detached from the legal standards set in 1868.
He wrote, “The administration’s defense utilized a network of inferences that are unmoored from the accepted legal principles of 1868.”
Judge Patrick J. Bumatay, appointed by Trump, offered a dissenting view, championing judicial restraint.
He referenced the Supreme Court case, Trump v. CASA, Inc., which had limited judges’ abilities to issue nationwide injunctions against Trump’s policies.
“The judges needed to adhere to the confines of ‘the judicial Power’,” Bumatay emphasized, indicating a different interpretation of judicial roles in policy decisions.
State responses pour in
States including Washington, Arizona, Illinois, and Oregon initiated the lawsuit against Trump’s executive order, quickly responding after a July 10 district court decision that temporarily halted the order, promoted by immigrant rights advocates.
Washington Attorney General Nick Brown applauded the decision.
He said, “The president cannot redefine what it means to be American with the stroke of a pen, nor can he remove the rights and liberties of those born on our soil.”
Oregon Attorney General Dan Rayfield also expressed strong support for the court’s decision, reinforcing the collaborative effort of the states involved and vowing to continue defending citizens’ rights regardless of their birth circumstances.
White House outlines appeal plans
In response to the ruling, White House spokesperson Abigail Jackson expressed hope for the administration’s legal arguments in future appeals, particularly if the case escalates to the U.S. Supreme Court.
“We look forward to being vindicated on appeal,” Jackson noted, highlighting the administration’s intention to persist in its legal fight.
This legal dispute tests the limits of executive power against the 14th Amendment’s birthright citizenship clause, with potentially far-reaching implications for U.S. citizenship laws and constitutional interpretations.
Potential implications awaited
Should this matter proceed to the U.S. Supreme Court, it will draw significant attention from legal scholars, policymakers, and the public due to its potential impact on a broad spectrum of immigration laws and citizenship criteria in the U.S.
The ongoing legal confrontations underline a broader national debate over constitutional rights and the interpretation of longstanding principles integral to American citizenship.
Decisions in the upcoming months could critically reshape American civil rights and redefine the standards of citizenship for upcoming generations.
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Author: Christina Davie
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