In a recent development, a federal appeals court panel denied the Trump administration's emergency bid to overturn an order blocking President Donald Trump's effort to restrict birthright citizenship for children of undocumented immigrants and short-term U.S. visitors.
The 3-0 ruling from the 9th Circuit Court of Appeals maintains for now a Seattle-based federal District Court judge's order blocking Trump's policy nationwide. The judge, Reagan appointee John Coughenour, criticized Trump for attempting to upend more than a century of settled case law on birthright citizenship.
Appeals Court Decision
Even if Trump had won at the appeals court, his birthright citizenship order would have remained on hold due to rulings from federal judges in Maryland, Massachusetts, and New Hampshire halting the directive. The rejection by the appeals court panel now gives Trump an opportunity to appeal to the Supreme Court.
While the 9th Circuit denied the stay the Trump administration sought, there was some disagreement among the panel members. Carter appointee William Canby and George W. Bush appointee Milan Smith stated that the Trump administration had not made a "strong showing" that its legal argument was likely to succeed.
On the other hand, Trump appointee Danielle Forrest disagreed with the court's decision to opine on the legal arguments at this stage. In her concurrence, she criticized the quick decision-making process and emphasized the importance of judicial independence from political influences.
Judicial Review and Public Confidence
Forrest agreed that the Trump administration had not provided sufficient grounds to lift the injunction. She highlighted the need for thorough judicial review, especially when dealing with policies of significant public importance and controversy.
The judge concluded that it is common for executive and legislative policies to face legal challenges, particularly when introducing significant shifts from prior practices. She underscored the importance of upholding the rule of law and the judiciary's role in safeguarding constitutional principles.