A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco declared former President Trump’s executive order—limiting birthright citizenship—to be unconstitutional, reinforcing a district court’s nationwide injunction (Reuters).
The majority opinion, issued in a 2–1 ruling, emphasized that the order “contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’” Judges Ronald Gould and Michael Hawkins (Clinton appointees) reaffirmed that only a constitutional amendment—not an executive decree—can alter birthright rules (Axios). Trump-appointed Judge Patrick Bumatay dissented narrowly, questioning whether the states had legal standing to sue, but did not dispute the constitutional interpretation (Politico).
This marks the first appellate court decision evaluating the order’s merits. The stance now likely sets the stage for the Supreme Court to ultimately resolve the issue (AP News).
Why This Matters:
- Legal clarity: It underscores that executive orders cannot supersede constitutional guarantees.
- Nationwide implications: The injunction covers the entire U.S., preventing implementation while litigation continues.
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Upcoming showdown: The case is expected to return to the Supreme Court, which had previously ruled on limits to universal injunctions but not on the order’s validity.
