9th Circuit Court Rules Against Trump’s Birthright Citizenship Order
On Wednesday, the 9th U.S. Circuit Court of Appeals determined that President Donald Trump’s executive order restricting birthright citizenship is “unconstitutional.” This ruling aligns with a lower court’s earlier decision to block the federal order, as noted in court documents.
When Trump took office in January, he signed several executive orders focusing on immigration, including one aimed at ending birthright citizenship for undocumented immigrants and those with temporary legal status. After extensive legal disputes, Judge Joseph Laplante—a District Court judge appointed by George W. Bush—issued a nationwide injunction against the order on July 10.
This decision came shortly after the Supreme Court enabled some legal actions against Trump administration policies, allowing plaintiffs to bring forward a class action lawsuit. The Appeals Court, led by Justice Ronald M. Gould, reached a 2-1 decision declaring the executive order unconstitutional.
Gould’s opinion stated, “We conclude that the executive order is invalid because it contradicts the plain language of citizenship grants in the 14th Amendment, which clearly states that anyone born in the United States, and subject to its jurisdiction, is a citizen.”
Moreover, Gould mentioned that while individual plaintiffs involved in the class action case lacked jurisdiction, the states involved have standing and are likely to prove the order’s unconstitutionality. Consequently, the court confirmed the necessity of a preliminary injunction to fully address the states’ claims.
This ruling marks the first time the Court of Appeals has intervened regarding the executive order on birthrights. Reports indicate that the Trump administration may decide to seek a review from a full panel of the Ninth Circuit or escalate the case directly to the Supreme Court.
Interestingly, Judge Patrick Bumatai, also appointed by Trump, remarked that the states opposing the ruling lacked a legal basis for their claims.
