Far Left Appeals Court Rules Against Stopping Birthright Citizenship For Illegals

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.

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