The U.S. Court of Appeals for the 9th Circuit rejected the Justice Department’s request to immediately reinstate President Trump’s executive order limiting birthright citizenship, which conflicts with the Fourteenth Amendment. The panel found that the Justice Department had not shown a strong likelihood of success on appeal. Judge Danielle Forrest, a Trump appointee, argued in a concurring opinion that the issue did not constitute an emergency, as it is common for policies to be challenged in court, particularly significant policy shifts. The Justice Department had sought an emergency stay of a lower court’s decision blocking the order from taking effect, but the 9th Circuit panel denied the request. This decision could lead to a potential emergency application to the Supreme Court. The executive order sought to deny citizenship to children born in the U.S. if their mothers were unlawfully present and their fathers were not citizens or permanent residents. The legal experts have argued that this order violates the Fourteenth Amendment, which grants citizenship to anyone born on U.S. soil.
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