Judges rule against Trump’s birthright executive order
News | By Easton Martin | July 24, 2025
A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco has ruled that President Trump’s executive order aimed at ending automatic birthright citizenship violates the 14th Amendment. The 2–1 decision upheld a nationwide injunction originally issued by a federal judge in Seattle, blocking the order from taking effect.
Judges Michael Gould and Michael Hawkins, writing for the majority, found that the order incorrectly interpreted the Citizenship Clause of the Constitution, which grants citizenship to nearly all individuals born on U.S. soil.
They also concluded that a nationwide injunction was necessary to provide complete relief to the plaintiff states of Washington, Arizona, Illinois, and Oregon, noting the administrative difficulties that would arise from a state-by-state approach.
Judge Patrick Bumatay, appointed by President Trump, dissented on the basis of standing. He argued that the states lacked the legal right to challenge the order but did not comment on its constitutionality.
This is the first appellate decision addressing the issue and sets the stage for a potential Supreme Court review. Trump has indicated his intent to appeal, raising the possibility of a major constitutional battle over the interpretation of the Fourteenth Amendment.
