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BREAKING: A federal appeals court on Wednesday rejected the Trump administration’s emergency request to enforce President Donald Trump’s executive order to end birthright citizenship during ongoing litigation — the first ruling related to the order from any federal appeals court.

The order raises the possibility that the administration could now seek relief from the U.S. Supreme Court in coming days.

The three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously denied the Trump administration’s request to limit the nationwide scope of a Seattle court’s injunction that blocks the citizenship-limiting executive order.

The panel included Judge William Canby, a Carter appointee; Judge Milan Smith, a George W. Bush appointee; and Judge Danielle Forrest, a Trump appointee.

The brief order on Wednesday evening provided little explanation beyond noting that the federal official “have not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.”

Forrest agreed with the court’s decision denying relief, but wrote separately to highlight that, for her, Wednesday night’s decision was only addressing whether the government met the standard for the emergency relief it was seeking.

“[T]he Government has not shown that it is entitled to immediate relief,” she wrote, later noting, “I am saying nothing about the merits of the executive order or how to properly interpret the Fourteenth Amendment.“

Although the Ninth Circuit’s order was only a decision on the administration’s emergency request, the Justice Department could now go to the Supreme Court with a similar request.

Feb 20
at
3:39 AM

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