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The U.S. Court of Appeals for the 9th Circuit said the president’s executive order violates the 14th Amendment.
By David Nakamura
July 23, 2025 at 9:56 p.m. EDTYesterday at 9:56 p.m. EDT
A federal appeals court ruled Wednesday that President Donald Trump's executive order to end birthright citizenship is unconstitutional and upheld a nationwide ban on his administration from implementing the measure.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled 2-1 that Trump’s directive violates the citizenship clause of the Constitution’s
14th Amendment. The president is seeking to deny automatic citizenship to the U.S.-born children of undocumented immigrants and temporary foreign visitors.
The appeals panel also affirmed a lower court’s nationwide injunction, calling
the measure necessary and appropriate to protect the states from potential harm if Trump’s order took effect. The case was brought by a coalition of Democratic-led states and was first heard by a district judge in Seattle.
https://www.washingtonpost.com/immigration/2025/07/23/court-trump-birthright-citizenship-unconstitutional/
That means the executive order is busted in the biggest appellate circuit in the
country, with some 67.1 million people.
Remember that the Supreme Court, in its earlier ruling, did not rule on the constitutionality of Trumpy's order revoking birthright citizenship; that ruling
was solely on the propriety of a district judge issuing a nationwide injunction.
Now, the ninth circuit has ruled that the district judge in Seattle *appropriately* issued a nationwide injunction.
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