By Mae Slater on
 February 20, 2025

Appeals court rejects fast track appeal of Trump birthright citizenship order

A federal appeals court recently denied a request from the Trump administration to reinstate a controversial executive order that limits birthright citizenship, a move that could have significant implications for U.S. immigration policy.

The Hill reported that the 9th U.S. Circuit Court of Appeals rejected the administration's bid in a decision that may prompt further legal battles up to the Supreme Court.

This case began when a federal district judge in Seattle blocked the executive order in two separate lawsuits.

The first was initiated by four Democratic state attorneys general, and the second by a group of pregnant women lacking legal status in the United States.

These lawsuits argued against the executive order that would restrict citizenship for children born in the country to parents who do not have permanent legal status.

Appeal Process Involving 9th Circuit

The Justice Department pushed for the 9th Circuit to narrow the district judge's ruling, asking that it apply only to the plaintiffs involved in the lawsuits.

In response, a three-judge panel from the appeals court declined the request, stating that the administration did not convincingly demonstrate the likelihood of succeeding on appeal.

Judges William Canby, Milan Smith, and Danielle Forrest composed the panel. They assessed the government's plea to uphold part of the executive order, but ultimately, they were unconvinced by the administration's arguments.

Danielle Forrest articulated that simply because a district court halts a policy advanced by a political branch, it does not qualify as an emergency. Forrest highlighted the importance of judicial deliberation and cautioned against making rushed decisions on issues of public importance.

The core of this legal battle revolves around the interpretation of the 14th Amendment to the U.S. Constitution. Trump's executive order was seen by several judges as inconsistent with the Supreme Court's historic understanding of this amendment, which has guaranteed citizenship to those born within the country's borders.

The appeals court's determination is particularly significant as it is one of the first appellate reviews of this executive order after it faced resistance in multiple district courts across the nation. Despite these challenges, the administration has indicated its intent to possibly seek emergency relief from the Supreme Court.

In recent years, the Trump administration's immigration policies have led to numerous legal challenges, reflecting the contentious nature of the orders and their broad implications. This ruling marks just one battle in a saga of many where courts have been involved in interpreting and potentially constraining presidential authority.

Forrest emphasized the importance of thoughtful judicial review, suggesting that hasty decisions could undermine public trust in the legal system. Her remarks call attention to the broader discussion about the judiciary's role in political disputes.

Potential Supreme Court Involvement

Following the 9th Circuit's ruling, many eyes are now on the Supreme Court. If the administration appeals to the highest court in the land, it could result in a landmark decision that influences the interpretation of the 14th Amendment and birthright citizenship for years to come.

This case highlights the ongoing debate over immigration policy in the United States and the balance of powers between the various branches of government. It underscores how executive orders, particularly those affecting fundamental rights, undergo intense scrutiny.

The outcome of this court case could significantly shape future legal interpretations of the constitutional guarantee of citizenship by birth.

Furthermore, it could motivate legislative or presidential actions aimed at clarifying or altering existing immigration laws.

As it stands, the decision by the 9th Circuit represents a moment of judicial check on presidential power. This action is part of a larger pattern where courts assess the limits and capabilities of executive action within the boundaries of the U.S. Constitution.

Written By:
Mae Slater

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