The language of the Constitution’s 14th Amendment does not lend itself to wiggle room. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” it reads. In other words, if you’re born in the U.S., you’re a citizen of the U.S.
Donald Trump has spent years condemning what’s known as “birthright citizenship” and vowing to undo it, despite the plain language of the Constitution.
To that end, on Inauguration Day, the new Republican president kept one of his uglier campaign promises and issued an executive order that not only rejected the constitutional principle, but also directed federal agencies to refuse to recognize U.S. citizenship for children who do not meet the administration’s new standards.
Not surprisingly, the radical order sparked immediate litigation. Also not surprisingly, these legal challenges are already succeeding. NBC News reported:
A federal district court judge has temporarily blocked President Donald Trump’s executive order aimed at limiting birthright citizenship — the first action in what promises to be a protracted legal battle over the new administration’s agenda. Senior U.S. District Judge John C. Coughenour heard 25 minutes of arguments and then issued an order from the bench blocking the policy from taking effect for 14 days. There will be a further briefing on a preliminary injunction to permanently block the executive order while litigation proceeds.
“I’ve been on the bench for over four decades,” Coughenour said. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.”
“Frankly,” he continued, challenging Trump administration lawyers, “I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order. It just boggles my mind.” Coughenour, for the record, is a Ronald Reagan appointee. The case is one five lawsuits filed by Democratic attorneys general and immigrant rights organizations. Hours after the district court blocked Trump’s order, the incumbent president told reporters that his administration would “obviously” appeal. Many observers have speculated that the White House ultimately expects the matter to end up at the U.S. Supreme Court.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
Latest Post
Recommended
