A federal appeals court has rejected the Trump administration’s emergency request to overturn a ruling that blocked President Donald Trump’s attempt to restrict birthright citizenship for children of undocumented immigrants and short-term U.S. visitors. This decision could set the stage for a Supreme Court battle.
9th Circuit Court Upholds Lower Court’s Ruling
The 9th Circuit Court of Appeals ruled 3-0 against Trump’s policy, upholding a nationwide block issued by Seattle-based District Court Judge John Coughenour, a Reagan appointee. The judge criticized Trump’s effort, arguing that it sought to overturn over a century of legal precedent on birthright citizenship.
Even if Trump had secured a victory in the 9th Circuit, the order would still be on hold, as judges in Maryland, Massachusetts, and New Hampshire had also ruled against it. However, this loss at the appeals court level gives Trump the opportunity to take the issue to the Supreme Court in the coming days.
Judges Split on Rationale
Despite the unanimous decision, the panel’s reasoning was not entirely aligned. Judge William Canby, appointed by President Jimmy Carter, and Judge Milan Smith, appointed by President George W. Bush, ruled that the Trump administration had not demonstrated a strong legal basis for the policy to proceed.
However, Trump appointee Judge Danielle Forrest expressed concern over the court’s role in issuing emergency rulings. In a six-page concurrence, she warned that rapid judicial decisions could erode public trust and create an impression of political bias.
Forrest’s Dissent on Judicial Urgency
Judge Forrest agreed that the Trump administration had not justified lifting the injunction, but she focused on the lack of urgency rather than the legal merits of the case. She argued that emergency rulings should not be used so frequently and criticized the courts for intervening too quickly in policy disputes.
“It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice,” Forrest wrote. She concluded that Trump’s claim that the policy had been delayed for three weeks was not a sufficient reason to override judicial review.
What’s Next?
With this 9th Circuit decision, the Trump administration is expected to escalate the case to the Supreme Court, where conservative justices could shape the future of birthright citizenship in the U.S. The ruling marks another major legal hurdle for Trump as he continues to push for immigration restrictions.
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