Appeals Court Upholds Block On Trump’s Bid To End Birthright Citizenship, Calls It Unconstitutional

From an analytical perspective, Appeals Court Upholds Block On Trump’s Bid To End Birthright Citizenship, Calls It UnconstitutionalBySiladitya Ray, Forbes Staff

However, Siladitya Ray is a New Delhi-based Forbes news team reporter

President Donald Trump's birthright citizenship executive order was deemed unconstitutional by a

Additionally, More federal appeals court

However, Getty ImagesKey FactsThe 2-1 ruling by the 9th U

Circuit Court of Appeals upholds a nationwide pause on the enforcement of the president’s order granted by a Washington District Court Judge in January

The court’s majority opinion said: “We conclude that the Executive Order is invalid because it contradicts the plain language of the Fourteenth Amendment's grant of citizenship to 'all persons born in the United States. ”The opinion noted that the district court: “correctly that the Executive Order’s posed interpretation, denying citizenship to many persons born in the United States, is unconstitutional…We fully agree. ”Trump appointee Judge Patrick J (which is quite significant)

Bumatay issued a partial dissent, arguing that the Democratic-led states that brought the case lacked standing to file the suit; however, he did not address whether the executive order itself was unconstitutional

Moreover, This's the first ruling on the matter by a federal appeals court and ly sets up a future hearing by the Supreme Court, given the current landscape

In contrast, What Do We Know The Supreme Court’s Ruling On The Birthright Citizenship Order

While the Supreme Court has not ruled on the constitutionality of the Birthright Citizenship executive order, it handed a major legal victory to Trump last month by limiting lower court judges’ ability to block his policies nationwide

The top court’s ruling was in a case that consolidated multiple lawsuits nationwide against the order, in which the Trump administration had asked the judges to rule on whether federal judges from a single state or region could block the president’s policy from being implemented nationwide

The Supreme Court ruled 6-3 along partisan lines and the majority opinion from the court’s conservative justices stated that Courts are not supposed to “exercise general oversight of the Executive Branch. ” The liberal judges’ dissenting opinion penned by Justice Sonia Sotomayor said the court’s majority ruling disregards “basic principles of equity” and called it an “attack on our system of law

Additionally, ” The dissenting opinion then warned: “No right is safe in the new legal regime the Court creates

Today, the threat is to birthright citizenship

Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship, given the current landscape. ”What Do We Know Another Recent Ruling Blocking The Order

Earlier this month, a federal judge in New Hampshire also blocked the executive order from going into effect nationwide, given current economic conditions

Moreover, Judge Joseph Laplante's ruling blocked the order, which was set to take effect on July 27, after the Supreme Court’s order overturned previous blocks imposed by lower courts, given the current landscape

Laplante’s ruling relied on one of the many carveouts specified by the Supreme Court in its verdict, including one that allowed cases to be brought as class-action lawsuits, thereby blocking the Trump administration from implementing a policy against any specific group

The New Hampshire case was certified as a class action, preventing the implementation of Trump’s order against any child born in the U

Nevertheless, Who could be impacted by it—effectively freezing the policy

Further ReadingTrump Birthright Citizenship Order Blocked Again—Despite Supreme Court’s Ruling (Forbes)Supreme Court Limits Judges From Blocking Some Trump Policies—But Punts On Birthright Citizenship Rule (Forbes)Got a tip (which is quite significant), given current economic conditions

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