Earlier today, a US federal district judge issued a temporary restraining order blocking implementation of Donald Trump’s executive order denying birthright citizenship to children of undocumented immigrants and immigrants in the US on temporary visas:
A federal judge on Thursday temporarily blocked President Donald Trump’s executive order redefining birthright citizenship, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.
U.S. District Judge John Coughenour repeatedly interrupted a Justice Department lawyer to ask how he could consider the order constitutional…..
Coughenour, a Ronald Reagan appointee, grilled the DOJ attorneys, saying the order “boggles the mind.”
“This is a blatantly unconstitutional order,” Coughenour told Shumate. The judge said he’s been on the bench for more than four decades, and he couldn’t remember seeing another case where the action challenged so clearly violated the constitution.
This is just the start of what is likely to be a lengthy legal battle, in just one of several cases challenging the order. It also isn’t a final ruling on the merits, even in this one case.
Nonetheless, Judge Coughenour’s negative reaction to the administration’s position is sign the order is likely to face great skepticism in the judiciary, and is likely to ultimately be struck down. It is also significant that this judge is a Reagan appointee. That’s an early indication that this issue may not split judges along left-right lines.
I previously outlined why the Trump position on birthright citizenship is badly wrong here and here.
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