A U.S. appeals court on Wednesday denied the Trump administration’s bid to pause a lower court ruling that blocked the president’s executive order seeking to terminate birthright citizenship.
The 9th U.S. Circuit Court of Appeals declined an emergency request from the Justice Department that sought to pause a lower-court judge’s order. Four separate judges have blocked the order, but Wednesday’s decision marks the first time an appellate court has weighed in on President Trump’s attempt to deny the constitutional right, an issue that could end up before the Supreme Court.
One of the judges on the three-judge panel said in a concurring opinion that the administration had “not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.” The judge also noted emergency relief was not warranted, and that such relief should only be granted on rare occasions.
“Just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make,” Judge Danielle Forrest, who was nominated for her seat by Mr. Trump in 2019, wrote. “A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”
The panel, which also comprised a George W. Bush appointee and a Jimmy Carter appointee, will continue to review the case, with full arguments scheduled for June.
The White House has not issued any statement regarding the panel’s order.Â
Credit: CBS NEWS