Appeals court refuses to reinstate Trump's birthright citizenship order

A three-judge panel of the U.S. 9th Circuit Court of Appeals rejected the Justice Department's request to immediately reinstate the executive order by President Donald Trump seeking to change rules on birthright citizenship, which had previously been blocked by a lower court.

Following the block, the DOJ asked the 9th Circuit to grant an emergency stay on the lower court's decision, an effort that was ultimately rejected by the appeals court.

According to the panel, the DOJ failed to make a "strong showing that they are likely to succeed on the merits of this appeal."

One of the panel members, Judge Danielle Forrest, a Trump appointee, questioned the DOJ's "emergency" request in a concurring opinion.

“It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice. ... And just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”

Now, with the appeals court's rejection, the possibility opens for the case to reach the Supreme Court through a new emergency application.

Trump's executive order to limit birthright citizenship is one of the most controversial signed by the president to date, as, according to legal experts, it conflicts with the 14th Amendment, which grants U.S. citizenship to anyone born on U.S. soil regardless of the immigration status of their parents.