By Mae Slater on
 February 21, 2025

Appeals court denies Trump's appeal in birthright citizenship order case

The 9th U.S. Circuit Court of Appeals recently rejected the Trump administration's bid to halt a lower court decision that blocked an executive order aimed at ending birthright citizenship.

CBS News reported that the order originally sought to end automatic citizenship for children born in the U.S. to undocumented immigrants, igniting a significant legal battle that may reach the Supreme Court.

The decision was rendered on a Wednesday, marking a pivotal point in the contentious dispute surrounding immigration and constitutional interpretation in the United States.

Traditionally, the 14th Amendment has been understood to confer citizenship at birth, regardless of a child's parental citizenship status. This understanding faced a direct challenge with President Trump's executive order, which he signed on his inaugural day in office.

The move was part of his administration's broader strategy to tackle unauthorized immigration at the southern border.

Lower Courts Block The Executive Order

Before reaching the appellate level, the executive order encountered judicial opposition across multiple states. Specifically, judges in Maryland, New Hampshire, Massachusetts, and Washington state had already ruled against the order, preventing its implementation.

These early rulings framed the legal landscape for what would become a broader examination of the balance between legislative decisions and constitutional guarantees.

In response to these rulings, a lawsuit was filed in Washington state by several parties, challenging the legality and constitutionality of the executive order. The 9th U.S. Circuit Court of Appeals was the first appellate body to address this issue, adding a new dimension to an already heated debate.

Composed of judges appointed by Presidents Ronald Reagan, George W. Bush, and Jimmy Carter, the appellate panel reviewed the case comprehensively.

During deliberations, one judge on the panel noted that the administration had "not made a 'strong showing that [they are] likely to succeed on the merits'" of the appeal. This sentiment encapsulated the court's prevailing view that the administration's arguments fell short of meeting the rigorous standards required to overturn the existing injunctions.

Judge Danielle Forrest added context to this view, emphasizing that the mere issuance of preliminary relief by a district court does not automatically transform a contentious political issue into an urgent matter requiring immediate appellate intervention. She explained, "A controversy, yes. Even an important controversy, yes. An emergency, not necessarily."

Implications Of The Decision And Future Steps

The appellate court's decision underscores the complex interplay between different branches of government when it comes to policymaking and constitutional interpretation. While the ruling acts as a temporary impediment for the administration's plans, it sets the stage for possibly more expansive legal discussions in the months ahead.

Importantly, the case has already attracted significant attention and could progress to the Supreme Court, which may provide the ultimate verdict.

Full oral arguments are expected to occur in June, offering both sides the opportunity to present comprehensive arguments regarding the constitutional interpretation of the 14th Amendment and the legitimacy of the executive order.

While the appellate court's decision carries considerable implications, the White House has yet to respond publicly. This silence leaves open questions about potential strategic adjustments or future actions that the administration might pursue.

The absence of any formal response could also indicate the administration's anticipation of the impending arguments scheduled for June. As both supporter and opponent camps await the next phase, the focus intensifies on the broader implications for immigration policy and constitutional law.

Written By:
Mae Slater

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