The federal court of appeals in San Francisco has denied the Trump administration’s request to revive the ban on birthright citizenship.
Donald Trump signed an executive order on his first day when he ordered an order to end birthright citizenship for children who neither parent is a US citizen or a legal permanent resident.
Babies citizenship is guaranteed by amendments to Article 14 of the Constitution. Civil rights groups argue that the end of birthright citizenship creates a “permanent lower class” of non-national people who have denied basic protections.
The appeals court denied the administration’s demand for emergency appeals, saying it hadn’t made a strong claim that the Justice Department would succeed in merit. The consent opinion, written by a Trump-appointed judge, said the administration was not convinced that she was in an emergency.
“Take challenges in court, both enforcement and legislative policies are routine, especially when new policies are a major shift from prior understanding and practice,” wrote Judge Daniel Forrest.
“And just because the district courts are making concessions to preliminary relief that halts policies advanced by one of the political sectors, it is not an emergency in itself. Controversy, yes. Even important controversies, yes It’s not necessarily an emergency.”
The Court of Appeals has a restraining order issued by a federal court in Washington, setting up a fight in the U.S. Supreme Court.
The 14th Amendment was adopted in 1868 following the infamous decision of Dread Scott by the Supreme Court.
“When I heard the judge from the bench, he said in his 40 years as a judge he had never seen anything so blatantly unconstitutional, setting a tone for the seriousness of this effort.” Washington State Attorney General Lane Porozola was first blocked.
The appeals court ruling issued Wednesday comes from a lawsuit filed by Democratic attorney generals in Arizona, Oregon and Illinois.
