Trump can't end birthright citizenship, appeals court says, setting up Supreme Court showdown.

[elleng]

Source: CNN

An appeals court will not allow the Trump administration to end birthright citizenship for certain children of immigrants, in a ruling that could propel the issue to the Supreme Court.

The 9th US Circuit Court of Appeals on Wednesday declined an emergency Justice Department request that it lift the hold a Seattle judge had placed blocking implementation of President Donald Trump’s executive order, after concluding the order ran afoul of the Constitution.

The case before the San Francisco-based appeals court is one of several major legal challenges to the policy and the first to get the weigh-in by an appellate panel.

In filings, the Justice Department said that the birthright citizenship executive order was “an integral part of President Trump’s broader effort to repair the United States’ immigration system and to address the ongoing crisis at the southern border.”

Read more: https://www.cnn.com/2025/02/19/politics/trump-cant-end-birthright-citizenship-appeals-court-says/index.html

[JCMach1]

1. If the 9 uphold the EO the SCOTUS it's a wrap for the Constitution

[Hekate]

3. Only the Sleazy Six

[Initech]

37. Well, America, we had a good run.

Fuck these monsters who ended it, no circle of hell is good enough for them.

[LudwigPastorius]

2. I'm fairly confident (knock wood) that the SC will strike down this executive order, as the Constitution is...

clear cut about this.

The question now becomes, will the Mad King and his lackeys in Congress move to stack the Court with additional Justices so that he'll get all of his evil wishes granted?

[Silent Type]

4. Think so too. My only concern is if SC goes off on tangent that the Amendment was in reference to slaves.

They could build a BS decision using that. Still would bet on SC upholding birthright citizenship.

[Henry203]

6. Wang ark vs US 1898

Is what they have to overturn. This is the supreme court ruling on birthright citizenship.

[LeftInTX]

33. Or they can reinterpret it.

It hinges on interpretation of "subject to jurisdiction". Does subject mean "allegiance to jurisdiction"?

Wong's parents did have an allegiance to the US because they wanted to become citizens, but they could not because the Chinese Exclusion Act. His parents were brought here as workers.

[Henry203]

34. My grandfather was deported at the time

and even though he had birthreight citizenship he was still deportrd.

[Prof. Toru Tanaka]

27. I hope you are right.

“Sleazy Six” is a good nickname for the group of conservative justices. They are wholly corrupt.

[Wonder Why]

29. Roberts and the Five Horses' Asses of the Apocolypse?

[Tumbulu]

5. I have no confidence about that whatsoever.

I think they will use it to create exceptions. Out of nowhere, as they granted the rights of a king on this traitor.

Everything has been done for a reason. They have worked a long time to have this chance at their power grab.

[Attilatheblond]

10. And one of the exceptions the SCOTUS may go along with may deny women the right to vote if their names changed

since birth because they took a spouse's surname or otherwise legally changed their surname. This effort to block registration of anyone whose name does not match their birth certificate will be a high hurdle for people who took spouse's surname, or anyone who changed their name, which will likely affect trans people also.

IOW, the coup-sters want to throw a bone to the homophobic white males who want to not only own the libs, but the women and LGBTQ+ people. The bigoted people will be so busy celebrating their victory over 'woke', many will totally miss how the coup makes them all indentured servants with no legal powers too.

I keep thinking about The Iceman Cometh. Not a comfort, this delusion lifestyle. Not a comfort for those with clearer vision.

[Tumbulu]

15. I think so too

And you are correct, but who changes their names anymore when they marry? I thought that was dropped a long time ago.

And yes, this does go after trans people. Specifically.

[Wiz Imp]

17. Please stop it with this garbage about women who changed their last name not being able to vote.

There was a single piece of legislation introduced in the house which has ZERO chance of ever being passed which was written in such a way that it would do that. I'll repeat. THERE IS NO CHANCE OF THIS EVER PASSING. People repeating it as if it's a done deal does no one any good. IT WILL NEVER HAPPEN.

[Attilatheblond]

20. Zero chance was predicted for a Trump win in many calcultations

And who had Elon Musk taking a band of cyber criminals into government offices with passkeys to ALL our information and the ability to just turn off the money to things the legislature appropriated but Elon doesn't like on their bingo cards?

Please stop telling us what we should or should not be concerned about while the evidence is right before us of just how far the Musk/Theil coup is willing to go to own America and probably most of the world.

Edited because I omitted a phrase

[Wiz Imp]

23. OMG. Nobody gave Trump zero chance to win.

There is as much chance of this law being passed as there is of a law being passed that makes owning a dog as a pet illegal. In other words 0. If you want to believe this could happen, have at it. But to continuously read people here acting like this is a real threat is beyond deflating and disappointing. I thought this was a place to discuss truth and reality, not paranoid delusions about things that will never happen.

[Attilatheblond]

25. Have a swell day.

bye

[JustAnotherGen]

28. The poster is neither paranoid nor delusional

They are being realistic about the breakneck speed at which this Dictator is moving, and the impotent by choice MagaPublicans in the House and Senate deliberate decision to look around helplessly while quietly applauding the Power Grab.

[Wiz Imp]

30. I did not call this or any specific poster paranoid or delusional.

But the fact is there is a lot of paranoia in general being posted on DU lately. There are enough bad things happening and being done that should be the focus of people's energy instead of worrying about things that have zero chance of happening. You may be surprised to learn that exactly one bill has been passed by the Senate in almost 2 months this Congress. Regardless of how much Trump tries to play dictator, many things still need to be passed by Congress to take effect. Outside of their reconciliation bill which can avoid the filibuster, I am sure there will be zero significant legislation passed during the next 2 years.

[JustAnotherGen]

31. In regards to her post

You finished with;

I thought this was a place to discuss truth and reality, not paranoid delusions about things that will never happen.

It can be perceived as a direct attack on her for having an opinion that you have deemed a paranoid delusion.

What you may worry as a bad thing, I might not - and vice versa. Personally - I'm bit tired of folks not waking up and smelling the coffee:

*The GOP is dead.

*MagaPublicans are the opposition.

*Quiet conversations MagaP's have with Democrats are ones where they are LYING. The have ZERO distress about the nullification of our Constitution. They LOVE this. It's what they have wanted since 1932.

*The game book has changed.

*Folks need to stop pretending that there are any guardrails that can truly stop what is happening.

*The only way out is the death of a few key people in the MagaPublican Party.

*This ends in violence.

[Wiz Imp]

32. So did you just make a direct attack on me?

This is ridiculous

I was clear in my original response that I was not referring to a single person. I referred to people not a person. I said I found it deflating. Do you really think I would be deflated by a single person's comment?

BTW, I honestly thought explicitly calling for killing political opponents like you just did was against the rules here.

[Wiz Imp]

18. I'm super confident the Supreme Court will strike down this EO.

[Attilatheblond]

22. Noted

[Eliot Rosewater]

26. Nah, they made him a king, they will do this also.

[Bengus81]

40. Ball is in their em..."court". A democracy that supports our Constitution

and the rule of law or a Fuhrer.

[mdbl]

7. Will be interesting to see what trump's supreme protitutes do for him

There are 6 of them. Guess which ones?

[ScratchCat]

8. There's no legal need for a "Supreme Court Showdown"

This isn't a Constitutionally "grey area". This isn't an issue that's up for debate. This isn't an issue that the courts haven't unanimously addressed in the past. There are no conflicting court rulings.

There isn't one legal reason to grant this case cert.

[JohnSJ]

13. If they say that life begins at conception, and if that happened before entering the U.S. then they cannot be regarded

as citizens they sure can, and I think they will do that.

I think the evil of what is going on in this country by the fascists in charge is still being underestimated.

[Tumbulu]

16. I agree- this is all within their plan

And people are utterly underestimating what is going on.

I expect P&T to hold the world hostage to the nuclear weapons.

Why else would all the generals be getting fired and nations like Hegs be installed?

This believing that the system will hold is a fairy tale. And the obvious rude awakening seems to be going in slow motion as everyone denies what is clearly being revealed.

[Scrivener7]

36. I agree, but, like that would stop them.

[Bengus81]

9. If the SC sides with Trump then Vance's wife needs to be deported on day FUCKING ONE........

Who knows if the kids go with her. Maybe that FACT will be the only thing that sways those RW thugs on the SC. They have shown they care little about anyone else.

[JohnSJ]

11. We will now find out if our Constitution is completely null and void. I sure wouldn't put money on THIS SC to protect

it.

What I think these SC tyrants will do is make a ruling based on when fertilization took place. In other words if conception occurred before they entered the U.S. then they won't be regarded as citizens.

[JohnSJ]

12. Watch them rule that it begins at conception, and if they were pregnant before entering the U.S. then they can be

denied citizenship.

[Attilatheblond]

24. You telling others to stop it is not actually a defense of our freedoms, Consitiution, or basic rights.

[BootinUp]

43. It might be dangerous to your health

To think like them.

[JohnSJ]

44. you are right, but in reality I am the antithesis of those six draconian judges.

[JohnnyRingo]

14. The administration says it's all part of a bigger plan...

That seems the be more of a threat than a selling point.
I think the bigger plan is to invalidate the US Constitution and grant power to edit it.

[republianmushroom]

21. We shall see just how far roberts supreme court has their collective noses up trumps ass.

[Scrivener7]

35. Clarence is about to get a really big camper.

[HereForTheParty]

38. "certain" children of immigrants?

What does that mean?

[AmericaUnderSiege]

39. Let's be clear: Courts couldn't end birthright citizenship either.

It's explicitly in the Constitution, just like insurrectionists being barred from federal office.

All of these deal-breakers, and the deals have already been broken. We're in a situation of parallel states, but Democratic leaders refuse to lead theirs (the United States of America) while deferring to the lawless Kremlin-controlled farce led by their enemies.

[red dog 1]

41. Since SCOTUS is corrupt, they may rule in Stinky's favor.

[BootinUp]

42. This not even worthy of an sc hearing, tell me

If you disagree.

[bluestarone]

45. My only thought is

How long a STALL will they come up with! The Supreme court uses that as a weapon too.

[AmericaUnderSiege]

46. Papers please!

Demand citizenship papers from all Border agents who demand them of else, and for all people who vehemently express an opinion that they should be demanded of anyone. Demand them vehemently and often, and on according. Say "Papers please!" And make a thing of it. Make of thing of them being white and everyone they demand it of being otherwise.

That's not America. Until they consent to that being America, let it be THEIR Americ 24/7.