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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge blocks Trump's 'blatantly unconstitutional' executive order that aims to end birthright citizenship
TFG's (aka The Felony Guy) executive order was drafted by that idiot John Eastman. Eastman has been disbarred in large part because Eastman is an idiot. I am like the judge in this case and wonder where TFG found an attorney stupid enough to push this executive order.
https://bsky.app/profile/petermorley.bsky.social/post/3lggkn2dc2c2x
Link to tweet
https://www.cnn.com/2025/01/23/politics/birthright-citizenship-lawsuit-hearing-seattle
Judge John Coughenour, a Ronald Reagan appointee who sits in Seattle, granted the request by Washington Attorney General Nick Brown and three other Democratic-led states for the emergency order halting implementation of the policy for the next 14 days while there are more briefings in the legal challenge.
A federal judge said Thursday that President Donald Trumps executive order ending birthright citizenship was blatantly unconstitutional and that he was issuing a temporary restraining order to block it.
Judge John Coughenour, a Ronald Reagan appointee who sits in Seattle, granted the request by Washington Attorney General Nick Brown and three other Democratic-led states for the emergency order halting implementation of the policy for the next 14 days while there are more briefings in the legal challenge.
Where were the lawyers when the decision to sign the executive order was made, the judge asked. He said that it boggled his mind that a member of the bar would claim the order was constitutional.
nilram
(3,052 posts)LetMyPeopleVote
(157,118 posts)This executive order is based on some crackpot theories advanced by John Eastman. Eastman was disbarred because he is RWNJ lawyer who is too stupid to understand the constitution. I love the judge's comments
https://bsky.app/profile/liselatulippe.bsky.social/post/3lggk7p4sxs24
Link to tweet
https://abcnews.go.com/US/judge-challenge-trumps-executive-order-ending-birthright-citizenship/story
"I have been on the bench for over four decades," said Judge Coughenour, who was nominated to the bench by President Ronald Reagan in 1981. "I can't remember another case where the case presented is as clear as it is here. This is a blatantly unconstitutional order."
"In your opinion, is this executive order constitutional?" he asked DOJ attorney Brett Shumate.
"Yes, we think it is," Shumate said, drawing the judge's rebuke.
"I have difficulty understanding how a member of the bar can state unequivocally that this is an unconstitutional order. It boggles my mind," Coughenour said. "Where were the lawyers when this decision was being made?"
kacekwl
(7,798 posts)unless pukes want to change the constitution this is a no brainer for any sane judge.
Attilatheblond
(4,975 posts)I can just hear him snarl: Get me my magic presidential sharpie!
He really has bought into all the crap the billionaire bois fed him about being invincible now. And one too many Preachers For Profit members pretended he was god to sooth his inner toddler.
djacq
(1,695 posts)Does he mean the same constitution where Section 3 of the 14th Amendment plainly states that no person who engaged in an insurrection may hold office?
LetMyPeopleVote
(157,118 posts)I was born while my dad was in the military stationed in Wiesbaden Germany. My father was part of the first generation of his family born in the US and was fluent in German which was why he was station in Germany while the Korean war was pending. While taking con law, I decided to read up on citizenship and the 14th Amendment. It took me no time at all to determine that I am a citizen, but I then read up on birthright citizenship. TFG's executive order on birthright citizenship was amusing and was based on that idiot John Eastman. John Eastman has been disbarred in large part because he is a bad attorney who does NOT understand the constitution. I really enjoyed the comments of the judge in this case.
Link to tweet
https://www.rawstory.com/boggles-my-mind-judge-delivers-scathing-smackdown-of-trump-birthright-citizenship-order/
Coughenour, a Reagan-appointee, asked Shumate directly, In your opinion is this executive order constitutional?
It absolutely is," Shumate answered.
After the hearing, Washington Attorney general Nick Brown said Coughenours comments reinforced that no one individual, not even the president of the United States can simply erase what it means to amend the Constitution.
LetMyPeopleVote
(157,118 posts)Judge John Coughenour is correct in stating that this executive order is clearly unconstitutional. The legal justification for this executive order is based on the claim the term "subject to the jurisdiction of the United States" allows TFG to exclude children whose parents are not citizens. That argument is wrong. This term only excludes Indians and the children of diplomats
Link to tweet
Fourteenth Amendment, Section 1:
The requirement that a person be "subject to the jurisdiction thereof," however, excludes its application to
‼️children born of alien enemies in hostile occupation! ‼️
We have been illegally invaded with hostility.
Based on the first sentence of Section 1, the Court has held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.' The requirement that a person be "subject to the jurisdiction thereof," however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,
The requirement that a person be "subject to the jurisdiction thereof," however, excludes its application to children born of alien enemies in hostile occupation!