State of Washington, et al. v. Trump, et al
Legal Issues
Overview
Overview
The U.S. government appealed the Washington district court's nationwide injunction of President Trump's birthright citizenship executive order.
The Issue
Issue
Whether President Trump's birthright citizenship executive order, which restricts automatic citizenship for children born in the United States to non-citizen parents, violates the Fourteenth Amendment and warrants a preliminary nationwide injunction.
The Rules
Rule
The Fourteenth Amendment guarantees birthright citizenship to all persons born in the United States and subject to its jurisdiction. A preliminary injunction is proper when the moving party demonstrates likelihood of success on the merits, irreparable harm, favorable balance of equities, and service to the public interest.
The Application
Analysis
The district court found the executive order likely violates the Fourteenth Amendment by attempting to restrict a constitutional guarantee already vested by the Amendment, and issued a nationwide preliminary injunction blocking enforcement pending resolution of the merits.
The Conclusion
Conclusion
The Ninth Circuit is reviewing the district court's injunction. The appeal remains active and pending appellate decision.
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