A panel of three judges of the United States Court of Appeals for the Ninth Circuit emergency before the Supreme Court.
Legal experts have said that Trump’s order in conflict with the fourteenth amendment, which extends American citizenship to any person born on US land, by denying citizenship to future children born in the United States if their mothers were illegally present In the country and their parents were not permanent citizens or residents.
The Department of Justice had asked the ninth circuit to grant an emergency stay of the decision of a lower court that blocked Trump’s order to enter into force.
By denying that request, the panel discovered that the Department of Justice had not made a “solid demonstration that is likely to succeed in the merits of this appeal.”
A panel member, the judge designated by Trump, Danielle Forrest, expanded her reasoning in a concurrent opinion, disagree with the characterization of an emergency by the Department of Justice.
“It is a routine that executive and legislative policies are challenged in court, particularly when a new policy is a significant change in understanding and previous practice,” he writes. “And just because a district court gives preliminary relief that stops an advanced policy by one of the political branches does not make an emergency itself. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily. “
