A second federal appeals court has shown signs of declaring President Donald Trump‘s order restricting birthright citizenship as unconstitutional.
What Happened: A three-judge panel of the Boston-based 1st U.S. Circuit Court of Appeals expressed skepticism about the order, according to a Reuters report.
The panel questioned a lawyer from the U.S. Department of Justice on why they should overturn the lower-court judges who had previously blocked the order from taking effect.
This development suggests that the order is likely to be deemed unconstitutional by the 1st U.S. Circuit Court of Appeals. The order, issued by Trump on his first day back in office, directs agencies to deny citizenship to U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident.
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The order’s fate is expected to be determined by the U.S. Supreme Court. The San Francisco-based 9th U.S. Circuit Court of Appeals had previously ruled the order as unconstitutional.
David Barron, Chief U.S. Circuit Judge, noted, “We have an opinion by the Supreme Court that we aren’t free to disregard.”
Why It Matters: This development comes in the wake of a Supreme Court ruling that altered how birthright citizenship policies can be challenged in court. The ruling, authored by conservative Justice Amy Coney Barrett, limits the judiciary’s power to issue nationwide injunctions against presidential directives.
Trump welcomed the ruling, asserting it enables his administration to advance policies like the birthright citizenship executive order, which he claims was unjustly obstructed. The decision requires lower courts to reevaluate the extent of their injunctions.
Trump’s order has faced legal challenges since its inception, with multiple courts ruling it as unconstitutional. The recent skepticism expressed by the 1st U.S. Circuit Court of Appeals further complicates the future of this controversial policy.
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