Appeals court hands Trump a loss in birthright citizenship clash
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Judge Danielle Forrest, appointed during Trump's first term, wrote separately to say that she was denying the request for a different reason: she didn't think the government proved it would face 'serious risk of irreparable harm' if it couldn't immediately enforce the new policy.
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The circumstances didn't 'demonstrate an obvious emergency where it appears that the exception to birthright citizenship urged by the government has never been recognized by the judiciary' and where there were 'contrary' executive branch interpretations of the issue in the past, she wrote.
For more than a century, the 14th Amendment to the US Constitution had been interpreted by courts to mean that citizenship applies to nearly every baby born in the country. Trump's executive action would deny it to children born to parents who are illegally in the US or on non-permanent visas to work, study or visit.
A Justice Department spokesperson and representative of the Washington State attorney general's office, which is leading the Seattle case, did not immediately respond to requests for comment.
The case is Washington v. Trump, 25-807, US Circuit Court of Appeals, 9th Circuit.
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