Appeals Court Sets Up Trump’s Birthright Citizenship Ban For Potential SCOTUS Fight

A federal appeals court rejected the Trump administration’s effort Wednesday to reinstate its ban on birthright citizenship, setting up a potential fight at the Supreme Court.

The panel found the government did not show they were likely to succeed on the merits, declining to lift Reagan-appointed District Court Judge John C. Coughenour‘s preliminary injunction blocking the ban’s enforcement.

Four federal district court judges have blocked Trump’s birthright citizenship order. The order prevents children born to parents illegally in the U.S. or on temporary visas from gaining automatic citizenship.

Judge Danielle Forrest, a Trump appointee, wrote in a concurring opinion that the Trump administration was not entitled to emergency relief, which says “nothing about the merits of the executive order or how to properly interpret the Fourteenth Amendment.” It is too early for the court to address the central question, she argued.

“Judges are charged to reach their decisions apart from ideology or political preference,” Forrest wrote in a concurring opinion. “When we decide issues of significant public importance and political controversy hours after we finish reading the final brief, we should not be surprised if the public questions whether we are politicians in disguise.” (RELATED: Trump Birthright Citizenship Order Leaves Loophole Allowing ‘Birth Tourism’ Method Used By Chinese Nationals)

🚨BREAKING🚨 John C. Coughenour, an 83-year-old federal judge in Seattle, has BLOCKED Trump’s order on birthright citizenship pic.twitter.com/38f2c15oGS

— Daily Caller (@DailyCaller) January 23, 2025

Forrest suggested that declining to decide cases on an emergency basis would increase trust in the legal system.

“There must be a showing that emergency relief is truly necessary to prevent immediate irreparable harm,” he wrote. “The Government did not make that showing here, and, therefore, there is no reason for us to say anything about whether the factors governing the grant of a stay pending appeal are satisfied.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].