A federal judge in New Hampshire said Thursday he’ll certify a class action lawsuit that includes all children who’ll be affected by President Trump’s executive order ending birthright citizenship and issue a preliminary injunction blocking it from taking effect. Here’s what you need to know about the birthright citizenship court ruling:
The federal court ruling
Bush-appointed judge blocks Trump order:
- U.S. District Court Judge Joseph N. Laplante made ruling from bench Thursday
- George W. Bush appointee will certify class action lawsuit
- Includes all children affected by Trump’s executive order ending birthright citizenship
- Judge will issue preliminary injunction blocking order from taking effect
The legal standard
Court finds likelihood of success for challengers:
- “Class Petitioners have demonstrated likelihood of success on the merits of their claims”
- “Class Petitioners are likely to suffer irreparable harm if the order is not granted”
- “Potential harm to the class petitioners…outweighs the potential harm to Respondents”
- “Issuance of this order is in the public interest”
The appeals timeline
Government given window to challenge decision:
- Judge giving government seven-day delay to appeal
- Appeal would go to 1st U.S. Circuit Court of Appeals
- Injunction will block order while litigation continues
- Constitutional challenge to birthright citizenship order proceeds
The ACLU victory
Civil liberties group celebrates ruling:
- “This ruling is a huge victory and will help protect the citizenship of all children born in the United States”
- Cody Wofsy, deputy director of ACLU’s Immigrants’ Rights Project, argued case
- “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child”
- ACLU emphasized Constitution’s intent to protect birthright citizenship
The Supreme Court context
High court ruling influenced class action strategy:
- Final day of Supreme Court’s 2024-25 term saw 6-3 ruling
- Justices said lower court judges issuing nationwide injunctions likely violate Judiciary Act of 1789
- Case at issue was over Trump’s move to end birthright citizenship
- Question focused on district court judges’ authority to block nationwide policies
Justice Barrett’s guidance
Trump appointee provides legal pathway:
- Justice Amy Coney Barrett wrote majority opinion
- Said challengers could file class actions to contest executive policies
- Class actions allow challengers to receive universal relief
- Barrett is Trump appointee who provided legal framework
The ACLU legal strategy
Civil liberties group files suit hours after Supreme Court decision:
- ACLU filed class action suit hours after high court’s decision
- Representing pregnant woman and other families
- Families had children born since president signed birthright citizenship order
- Strategic filing designed to work within Supreme Court’s guidance
The constitutional challenge
Lawsuit targets order’s legality:
- Challengers argue order is unconstitutional
- Case name is Barbara v. Donald J. Trump
- Injunction blocks order from taking effect during litigation
- Focus on constitutionality of birthright citizenship order
Read more:
• Judge blocks Trump’s birthright citizenship order, certifies class action
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