A federal appeals court in San Francisco ruled Wednesday that President Donald Trump’s order seeking to end birthright citizenship is unconstitutional, affirming a lower-court decision that blocked its enforcement nationwide.
The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals comes after Trump’s plan was also blocked by a federal judge in New Hampshire. It marks the first time an appeals court has weighed in and brings the issue one step closer to coming back quickly before the Supreme Court.
The 9th Circuit decision keeps a block on the Trump administration enforcing the order that would deny citizenship to children born to people who are in the United States illegally or temporarily.
“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 majority wrote.
The 2-1 ruling keeps in place a decision from U.S. District Judge John C. Coughenour in Seattle, who blocked Trump’s effort to end birthright citizenship and decried what he described as the administration’s attempt to ignore the Constitution for political gain. Coughenour was the first to block the order.
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