A second court has ruled that former President Donald Trump’s executive order on birthright citizenship cannot be enforced nationwide, following a Supreme Court decision that limits nationwide injunctions.
The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, upheld a nationwide injunction against former President Donald Trump’s executive order on birthright citizenship. The court’s ruling allows four Democratic-led states to receive a nationwide injunction, arguing that a more limited injunction would not provide the necessary relief.
U.S. Circuit Judge Ronald Gould, appointed by former President Bill Clinton, wrote for the majority, emphasizing that residents of the states involved may give birth in other states, and people affected by the executive order from other states are likely to move to these states. Judge Michael Hawkins, also a Clinton appointee, joined Gould in the decision.
However, U.S. Circuit Judge Patrick Bumatay, appointed by Trump, dissented, arguing that the states lacked the legal standing to bring forth the case. Bumatay stressed the importance of adhering to jurisdictional limits and cautioned against engaging in issues that fall outside the court’s purview.
The court’s decision arrives in the wake of a recent Supreme Court ruling that restricts federal judges from issuing nationwide injunctions that extend beyond the parties involved in a case. In a 6-3 decision, the Supreme Court maintained that while such injunctions are generally curtailed, pathways remain open for plaintiffs to secure nationwide relief under certain conditions. These include the ability of individuals to file class action lawsuits and states to obtain universal injunctions if needed for complete relief.
Since the Supreme Court ruling, plaintiffs have pursued both these avenues to challenge Trump’s order, which sought to deny citizenship to anyone born in the U.S. who does not have at least one parent with permanent legal status. Every court that has examined the legality of the order so far has deemed it unconstitutional.
This recent decision marks the second time Trump’s order has been blocked nationwide following the Supreme Court’s ruling. Previously, a federal judge in New Hampshire granted the American Civil Liberties Union’s request to certify a nationwide class of unborn children, effectively barring the administration from enforcing the order against them.
The 9th Circuit’s case was initiated by Democratic attorneys general from Washington, Arizona, Illinois, and Oregon. The majority opinion from the panel stated that only implementing the injunction regionally would continue to impose burdens on these states. According to Gould, to accommodate the executive order, these states would need to revamp their systems for verifying eligibility for Medicaid, the Children’s Health Insurance Program (CHIP), and Title IV-E services. Thus, they would face irreparable harm under a geographically limited injunction similar to not having an injunction at all.
According to The Hill, the judiciary continues to play a crucial role in determining the limits of executive orders, especially those affecting fundamental rights such as citizenship.