It’s not much of a surprise
Federal appeals court rules against Trump’s birthright citizenship executive order
President Donald Trump’s executive order (EO) putting an end to birthright citizenship faced another legal setback after a federal appeals court on Wednesday ruled it to be unconstitutional.
The 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court’s decision blocking the nationwide enforcement of the EO, which would deny citizenship to babies born to people illegally or temporarily in the U.S.
A three-judge panel ruled against Trump’s plan in a 2-1 vote, keeping a decision first made by U.S. District Judge John C. Coughenour in Seattle in place.
“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” the majority wrote.
Though the Supreme Court has since restricted lower courts from issuing nationwide injunctions, the majority in the 9th Circuit ruled against the EO after discovering the case fell under an exception left open by SCOTUS justices.
In reading the decision, which is at the above link, on page 19 it looks like the panel is trying to rewrite and redefine the meaning of “subject to the jurisdiction thereof”, making it so that everyone in the United States for any reason, be it lawful or not, is subject to the jurisdiction thereof. Which would seem to conclude that Congress has no authority to define it, which would mean that all diplomatic and government personnel from other countries would see their babies born in America be American citizens, the opposite of what federal law states.
Sadly, though, there’s zero chance that Congressional Republicans will be able to get a law through that fully defines who is and isn’t subject. Put it in writing. Democrats would block this in the Senate. I suspect we’re going to see this head to the Supreme Court, and, it will be interesting what they rule. They can’t punt it. There needs to be a definition.
Most countries do not automatically give birthright citizenship to children born of foreign parents. There may be stipulations, they may just say no.
They certainly can. The courts have a long history, with few exceptions, of finding ways to narrowly decide something to pretty much keep doing things like they always did. The Supremes exist to be a dampener on the excesses of the political class and as such are inherently conservative. To end birthright citizenship for foreigners is an idea that is by strict definition correct on its face, but contrary to the way things have been done for a long time. 2 justices will automatically vote to end the practice because the strict reading of the law permits it. 3 will automatically vote to sustain it because that will further the outcome of unrestricted immigration that is part of their party agenda. The other 4 are a tossup and tossups normally go to “keep things the way they are”. “Tossups” do not take the place of congress just because congress won’t do it.
Long term, if the Supremes vote to end birth right citizenship for foreigners, The next court could get another case to bring it back.
Senator John N. Kennedy (R-LA) this week on immigrants…
“Jesus loves them, but everybody else thinks — everybody else…”
Then he froze, looking shocked at what he was about to say. FOX’s bidness ‘expert’ Larry Kudlow suggested a glitch in the connection…
How does “everybody else” view immigrants?
America’s Savior, DJ trump, is our de facto Eugenicist-in-Chief, getting rid of the ‘Blood-Poisoning’ brown-skinned Hispanics! He and His Disciples claim they are uber violent although the truth is they are LESS violent than folks born here! According to MAGA they are dirty, diseased, pet eating, child molesting, daughter murdering, job stealing non-humans. Hundreds of thousands of “illegals” overstayed legal visas, which is not even a crime! Yet DHS is arresting them and throwing them in expensive private prisons, e.g., Alligator Alcatraz!
We get it. It’s all just part of white Christian nationalism – ridding America of over 60 million Hispanics! The so-called “illegals” are just the beginning. The oppression of Muslims, blacks and LGBTQs to follow in earnest!
“We fully agree.” Fully meaning 2-1 ruling?
Might this take a full on Constitutional Amendment to settle? I know Congress has passed at least one law restricting foreign officials being here and having their kids born while on active service here being automatic citizens but no one really cares about them.
Dems need their underclass to hold on to any power they still have so they’ll rally everything they’ve got to keep the invasion flowing.
If everyone inside U.S. borders are “subject to the jurisdiction thereof” then there is no diplomatic immunity.
Nope-children born to diplomats while here in the US are not “subject to the jurisdiction there of” and therefore are not citizens
That’s correct. Are you claiming the Constitution is wrong?
It says if you’re born in the United States AND are subject to the jurisdiction, you’re a citizen. Diplomats are under the jurisdiction of their home countries.
What nation has jurisdiction over the child of a male born in Gaza here illegally and a female born in the Soviet Union (which no longer exists) here illegally?
We get it. You Caucasian Christian Nationalists (CCNs) are terrified of being taken over by those lazy, diseased, dirty, violent, Godless, Hispanic rapists, murderers, robbers and layabouts from Central and South America. There’s some 60 MILLION of them!! They’re butchering your cattle, hogs and chickens – building/repairing your homes – harvesting your fruits, grains and vegetables – mowing your lawns – cleaning your hotel rooms – and stealing your tax dollars!!!
ICE doesn’t need to be careful since the final solution is to get rid of all of them. trump will keep pushing the limits until he’s stopped – but who’ll stop him? The Courts? Congress? The Media? LOL. No one.
Far-right Mr teach is upset that an appeals court followed the Constitution.
Only an authoritarian idiot would believe an Executive Order could overrule the United States Constitution. Oh well. DJT sees our Constitution as an impediment to his desires.
Hulk Hogan – – Rest in peace brother (Tribute Videos)
https://commoncts.blogspot.com/2025/07/hulk-hogan-rest-in-peace-brother.html