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CNN
01-08-2025
- Politics
- CNN
Trump's effort to end birthright citizenship faces skepticism from another appeals court
A federal appeals court appeared ready on Friday to become the second such court in the country to rule that President Donald Trump's executive order seeking to end birthright citizenship is unlawful. A three-judge panel of the Boston-based First US Circuit Court of Appeals spent two hours looking skeptically at Trump's Day One order in a series of cases in which lower courts said the policy violated the Constitution, decades-old Supreme Court precedent and federal law. 'We have an opinion of the Supreme Court that we aren't free to disregard,' Chief Judge David Barron said at one point, referring to an 1898 Supreme Court case known as United States v. Wong Kim Ark that affirmed the idea that most people born on American soil are entitled to citizenship. Other members of the panel similarly said they were required to stick with the holding in that case, including Judge Julie Rikelman, who said the Trump administration was essentially asking the court to adopt the dissenting opinion issued in the 19th century case. 'We have to apply the majority decision, not the dissenting opinion,' she told DOJ attorney Eric McArthur. A ruling against the administration would represent the second time this summer that an appeals court, after reviewing the merits of Trump's order, concluded that it was unlawful. Last month, the 9th US Circuit Court of Appeals sided against Trump in a separate case. The rulings could ultimately be appealed up to the Supreme Court. The First Circuit judges did not indicate on Friday when they would issue a decision. Signed by Trump on January 20, the executive order, titled 'PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,' said that the federal government will not 'issue documents recognizing United States citizenship' to any children born on American soil to parents who were in the country unlawfully, or were in the US lawfully, but temporarily. In the set of cases before the Boston-based appeals court, three lower courts issued separate preliminary injunctions earlier this year that prevented Trump from implementing any part of his policy. (Other lower-court decisions similarly jammed up the policy). Among those rulings was a nationwide injunction, which barred Trump from enforcing his order anywhere in the country. The panel of judges had previously declined to lift those rulings while the cases unfolded and the case was appealed up to the Supreme Court on an emergency basis. The high court – without reviewing the merits of Trump's order – made it more difficult for litigants to win nationwide orders blocking executive branch policies. While the First Circuit judges – all of whom were appointed by Democratic presidents – asked a few questions on Friday that were somewhat critical of technical arguments being pushed by some of the challengers in the cases, they showed no support for Trump's attempt to rewrite how birthright citizenship works in the US. 'The rule is that everybody who is born here is a citizen or subject,' Rikelman said at one point.
CNN
01-08-2025
- Politics
- CNN
Trump's effort to end birthright citizenship faces skepticism from another appeals court
Donald Trump Supreme CourtFacebookTweetLink Follow A federal appeals court appeared ready on Friday to become the second such court in the country to rule that President Donald Trump's executive order seeking to end birthright citizenship is unlawful. A three-judge panel of the Boston-based First US Circuit Court of Appeals spent two hours looking skeptically at Trump's Day One order in a series of cases in which lower courts said the policy violated the Constitution, decades-old Supreme Court precedent and federal law. 'We have an opinion of the Supreme Court that we aren't free to disregard,' Chief Judge David Barron said at one point, referring to an 1898 Supreme Court case known as United States v. Wong Kim Ark that affirmed the idea that most people born on American soil are entitled to citizenship. Other members of the panel similarly said they were required to stick with the holding in that case, including Judge Julie Rikelman, who said the Trump administration was essentially asking the court to adopt the dissenting opinion issued in the 19th century case. 'We have to apply the majority decision, not the dissenting opinion,' she told DOJ attorney Eric McArthur. A ruling against the administration would represent the second time this summer that an appeals court, after reviewing the merits of Trump's order, concluded that it was unlawful. Last month, the 9th US Circuit Court of Appeals sided against Trump in a separate case. The rulings could ultimately be appealed up to the Supreme Court. The First Circuit judges did not indicate on Friday when they would issue a decision. Signed by Trump on January 20, the executive order, titled 'PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,' said that the federal government will not 'issue documents recognizing United States citizenship' to any children born on American soil to parents who were in the country unlawfully, or were in the US lawfully, but temporarily. In the set of cases before the Boston-based appeals court, three lower courts issued separate preliminary injunctions earlier this year that prevented Trump from implementing any part of his policy. (Other lower-court decisions similarly jammed up the policy). Among those rulings was a nationwide injunction, which barred Trump from enforcing his order anywhere in the country. The panel of judges had previously declined to lift those rulings while the cases unfolded and the case was appealed up to the Supreme Court on an emergency basis. The high court – without reviewing the merits of Trump's order – made it more difficult for litigants to win nationwide orders blocking executive branch policies. While the First Circuit judges – all of whom were appointed by Democratic presidents – asked a few questions on Friday that were somewhat critical of technical arguments being pushed by some of the challengers in the cases, they showed no support for Trump's attempt to rewrite how birthright citizenship works in the US. 'The rule is that everybody who is born here is a citizen or subject,' Rikelman said at one point.
CNN
01-08-2025
- Politics
- CNN
Trump's effort to end birthright citizenship faces skepticism from another appeals court
A federal appeals court appeared ready on Friday to become the second such court in the country to rule that President Donald Trump's executive order seeking to end birthright citizenship is unlawful. A three-judge panel of the Boston-based First US Circuit Court of Appeals spent two hours looking skeptically at Trump's Day One order in a series of cases in which lower courts said the policy violated the Constitution, decades-old Supreme Court precedent and federal law. 'We have an opinion of the Supreme Court that we aren't free to disregard,' Chief Judge David Barron said at one point, referring to an 1898 Supreme Court case known as United States v. Wong Kim Ark that affirmed the idea that most people born on American soil are entitled to citizenship. Other members of the panel similarly said they were required to stick with the holding in that case, including Judge Julie Rikelman, who said the Trump administration was essentially asking the court to adopt the dissenting opinion issued in the 19th century case. 'We have to apply the majority decision, not the dissenting opinion,' she told DOJ attorney Eric McArthur. A ruling against the administration would represent the second time this summer that an appeals court, after reviewing the merits of Trump's order, concluded that it was unlawful. Last month, the 9th US Circuit Court of Appeals sided against Trump in a separate case. The rulings could ultimately be appealed up to the Supreme Court. The First Circuit judges did not indicate on Friday when they would issue a decision. Signed by Trump on January 20, the executive order, titled 'PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,' said that the federal government will not 'issue documents recognizing United States citizenship' to any children born on American soil to parents who were in the country unlawfully, or were in the US lawfully, but temporarily. In the set of cases before the Boston-based appeals court, three lower courts issued separate preliminary injunctions earlier this year that prevented Trump from implementing any part of his policy. (Other lower-court decisions similarly jammed up the policy). Among those rulings was a nationwide injunction, which barred Trump from enforcing his order anywhere in the country. The panel of judges had previously declined to lift those rulings while the cases unfolded and the case was appealed up to the Supreme Court on an emergency basis. The high court – without reviewing the merits of Trump's order – made it more difficult for litigants to win nationwide orders blocking executive branch policies. While the First Circuit judges – all of whom were appointed by Democratic presidents – asked a few questions on Friday that were somewhat critical of technical arguments being pushed by some of the challengers in the cases, they showed no support for Trump's attempt to rewrite how birthright citizenship works in the US. 'The rule is that everybody who is born here is a citizen or subject,' Rikelman said at one point.
CNN
04-06-2025
- Politics
- CNN
Federal appeals court refuses to lift ruling halting mass layoffs at Department of Education
A federal appeals court declined on Wednesday to lift a judge's ruling that blocked the Trump administration from effectively shutting down the Department of Education. The unanimous decision from the 1st US Circuit Court of Appeals is another significant legal setback for President Donald Trump, whose efforts to rapidly shrink the federal government – including through dismantling entire agencies – have been tied up in numerous court challenges. Cutting the Department of Education has been of particular interest to Trump in his second term. Earlier this year, he moved ahead with mass layoffs at the agency, which is tasked with distributing federal aid to schools, managing federal aid for college students and ensuring compliance with civil rights laws. The administration, 1st Circuit Chief Judge David Barron wrote for the panel, has not 'shown that the public's interest lies in permitting a major federal department to be unlawfully disabled from performing its statutorily assigned functions.' The court also said that the administration had not demonstrated that it was likely to ultimately win in the case, with Barron writing that Justice Department attorneys had not put forth evidence showing how the widespread layoffs at the department would not prevent it from carrying out its core functions. Last month, US District Judge Myong Joun of the federal court in Boston indefinitely halted Trump's plans to dismantle the agency and ordered the administration to reinstate employees who had been fired en masse. The ruling came in a lawsuit brought by a teachers' union, school districts, states and education groups. Noting that the department 'cannot be shut down without Congress's approval,' Joun, an appointee of former President Joe Biden, said that the planned layoffs at the agency 'will likely cripple' it. 'The record abundantly reveals that Defendants' true intention is to effectively dismantle the Department without an authorizing statute,' he wrote in the 88-page ruling. Attorneys for the Department of Justice quickly asked the Boston-based appeals court to pause Joun's ruling while they appealed it, writing in court papers that it 'represents an extraordinary incursion on the Executive Branch's authority to manage its workforce.' 'Beyond that, it requires the government to indefinitely retain and pay employees whose services it no longer requires, and the government cannot recoup those salaries if it prevails on appeal,' the DOJ attorneys wrote.
