Reagan-appointed federal judge blocks Trump’s birthright citizenship EO, wonders how any lawyer could draft such a thing
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Oldthinkers unbellyfeel Ingsoc:
A federal judge on Thursday temporarily blocked President Trump’s executive order to end automatic citizenship to babies born on American soil, dealing the president his first setback as he attempts to upend the nation’s immigration laws and reverse decades of precedent.
In a hearing held three days after Mr. Trump issued his executive order, a Federal District Court judge, John C. Coughenour, sided at least for the moment with four states that sued. “This is a blatantly unconstitutional order,” he said.
“Frankly,” he continued, challenging Trump administration lawyers, “I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order. It just boggles my mind.”
Mr. Trump’s order, issued in the opening hours of his presidency, declared that children born in the United States to undocumented immigrants would no longer be treated as citizens. The order also extended to babies of mothers who were in the country legally but temporarily, such as tourists, university students or temporary workers.
In response, 22 states, along with activist groups and expectant mothers, filed six lawsuits to halt the so-called order, arguing that it violates the 14th Amendment. Legal precedent has long interpreted the amendment — that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” — applies to every baby born in the United States, with few exceptions.
Fuller quote, h/t the Sophist:
“I’ve been on the bench for over four decades, I can’t remember another case where the question presented is as clear as this one is. This is a blatantly unconstitutional order,” Coughenour, an appointee of Ronald Reagan, said from the bench. “There are other times in world history where we look back and people of goodwill can say where were the judges, where were the lawyers?”
Coughenour interrupted before Brett Shumate, a Justice Department attorney, could even complete his first sentence.
“In your opinion is this executive order constitutional?” he asked.
Said Shumate, “It absolutely is.”
“Frankly, I have difficulty understanding how a member of the Bar could state unequivocally that this is a constitutional order,” Coughenour said. “It just boggles my mind.”
The administrative consequences of evacuation: