The U.S. Court of Appeals for the 9th Circuit on Wednesday rejected President Donald Trump's attempt to restrict birthright citizenship by reinterpreting the 14th Amendment. This is the first time that an appeals court has addressed the constitutionality of Trump's executive order "Protecting the Meaning and Value of American Citizenship," which he issued on his first day in office. That order purported to exclude children whose mothers are unauthorized residents or legal temporary visitors from birthright citizenship unless their fathers are U.S. citizens or legal permanent residents.
The 9th Circuit's conclusion that Trump's edict violates the 14th Amendment is not surprising. Several lower courts have reached the same conclusion based on the overwhelming weight of the historical evidence, 127 years of Supreme Court precedent, and positions taken by federal officials in all three branches of government. But the solution approved by two members of the three-judge panel—a nationwide injunction that completely blocks enforcement of the order—is more contentious.
The decision in Washington v. Trump involves a preliminary injunction that John C. Coughenour, a federal judge in Seattle, issued in February. The plaintiffs include four states (Washington, Arizona, Illinois, and Oregon) and several noncitizens who were pregnant when the original lawsuit was filed.
