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Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

A Federal Court of Appeals handed the Trump Administration another blow in its fight to redefine the 14th Amendment ending birthright citizenship through Executive Order (“EO”).

The San Francisco-based Ninth Circuit Court of Appeals rejected the Administration’s request for an emergency order putting on hold a nationwide ban issued by Seattle-based Judge John Coughenour last month who found the EO blatantly unconstitutional. Judge Coughenour decision was swiftly followed by Judge Deborah Boardman’s decision in Maryland who also ruled that the EO needed to be stopped.

While the Trump Administration argued that Judge Coughenour’s ruling went too far, a three-judge panel disagreed and scheduled the case for arguments in June.

U.S. Circuit Judge Danielle Forrest, whom Trump appointed during his first term, said that a rapid decision would risk eroding public confidence in judges who must “reach their decisions apart from ideology or political preference.”

The other judges on the panel, William Canby who was appointed by the late President Jimmy Carter, and Milan Smith appointed by President George W. Bush, said the 1898 U.S. Supreme Court Case of United States v. Wong Kim Ark held that the 14th Amendment guarantees birthright citizenship regardless of a child’s parents’ immigration status.

For more information on the ongoing legal challenges surrounding the Trump Administration’s fight to end birthright citizenship, contact us at info@enterlinepartners.com.

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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline & Partners only. 

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