Appeals court: Birthright order unconstitutional
By: James Powel
USA Today
..... Democratic state attorneys general and immigrant rights advocates challenging President Donald Trump's executive order seeking to limit birthright citizenship scored a court victory July 23, [2025] as federal appeals judges blocked it nationwide and affirmed a district court ruling that found the order unconstitutional.
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"The court agrees that the president cannot redefine what it means to be American with the stroke of a pen," Washington state Attorney General Nick Brown said in a statement to USA Today. "He cannot strip away the rights, liberties, and protections of children born in our country."
..... The opinion from the San Fransisco-based 8th U.S. Circuit Court of Appeals was written by Judge Ronald Gould, an appointee of President Bill Clinton, and included a partial dissent from Judge Patrick Bumatay, a first-term Trump appointee.
..... "The district court correctly, concluded that the Executive Order;s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,' the ruling reads.
..... The 2-1 court majority found the states that had sued to block the policy - Washington, Arizona, Illinois and Oregon - likewise still were entitled to an injunction blocking nationwide enforcement of the order as a more narrow order would not provide them "complete relief."
..... "It is impossible to avoid this harm absent a uniform application of the citizenship clause throughout the United States," Gold wrote.
..... His opinion was joined by Judge Michael Hawkins, a fellow Clinton appointee.
..... In Bumatay's dissent, he argued that the judges needed to, "adhere to the confines of the judicial Power' " and cited Trump v. CASA Incorporated, a case in which the Supreme Court restricted the ability of judges to block Trump administration policies suing nationwide injunctions.
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In a statement, White House spokeswoman Abigail Jackson said the 9th Circuit misinterpreted the U.S. Constitutions 14th Amendment in reaching its decision.
..... "We look forward to being vindicated on appeal," Jackson added.
..... Trump signed the order on January 20, [2025] his first day back in office, as part of the hard line approach toward immigration.
..... Trump's day-one executive order was swiftly challenged in court.
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"We're proud to stand with the other states in this fight and we'll continue to defend the rights of ever Oregonian, regardless of how or where their story begins," Oregon Attorney General Dan Rayfiled said in a statement to USA Tonya after the July 23 [2025] ruling.
..... USA Tonya has reached out to the other state attorneys general for comment.
..... The opinion follows a July 10 [2025] ruling made by U.S. district Judge Joseph Laplante that barred enforcement of the order after immigrant rights advocates field a class-action lawsuit in the wake of the Trump v CASA ruling.
..... Contributing: Reuters