A federal appeals court ruled on Wednesday that President Trump’s order seeking to end birthright citizenship is against the Constitution.
This affirmed a lower court decision that blocked the enforcement nationwide. As per the ruling from the 9th US Circuit Court of Appeals, the push was blocked by the federal judge in New Hampshire.
This puts the issue one step closer to swiftly coming back before the Supreme Court.point 350 |
They declined to rule on the constitutionality of Trump’s order in the past case brought before them, instead ruling that federal judges don’t have the authority to rollout nationwide injunctions and send the individual case back to the lower court.point 222 | 1
The high court, however, carved out an exception for challenges that certified a nationwide class of individuals, which is what took place in this current case.
The court certified the class action lawsuit to entail all babies born in the US after Trump issued the order in January of this year.
The 9th Circuit blocks the Trump administration from enforcing this order that would deny citizenship to kids born to those present in the USA illegally or for a temporary basis.
‘The district court rightly concluded that the Executive Order’s proposed interpretation, denying citizenship to many people born in the US, is unconstitutional. We fully agree’- the majority wrote.