August 29, 2026

Judge Rules in Favor of Trump's EO Denying Birthright Citizenship

Timothy Birdnow

Another win for the good guys!


FTA:

Trump later signed an order that narrowed the list of people who are eligible for birthright citizenship, including babies born to terrorists and children of foreign government employees.
Immigrant advocacy groups, in a brief to Boardman, requested she block Trump’s new order and argued that it was "in defiance” of the Supreme Court’s ruling and is unconstitutional because the Trump administration lacks the power to take away citizenship that the Constitution confers.

Government lawyers said that the new order, unlike the previous one, "is not based on whether the mothers were unlawfully or temporarily present at the time of birth” but rather targets categories based on exceptions to the Constitution’s Citizenship Clause that justices outlined in their decision.

Sounds like a prudent and Constitutional decision to me. The Constitution expressly states that agents of foreign nations do not qualify for birthright citizenship.

It is axiomatically harder to get an appellate court to overturn a wrong legal decision than it is to get a district judge to rule in your favor right away, at least it is for someone who is arguing a conservative, Original Intent case. The courts are  full of activists and even the good ones tend to lean left because the law schools and the lawyer's organizations are run by leftists. It's why a guy like Neil Gorsuch sometimes goes off the rails with his rulings; at heart he's a Constitutionalist but he forgets sometimes and writes to please his long-ago professors. At any rate that Trump won this makes it harder for the Left to overturn it, not easier. This is a big win. 

Posted by: Timothy Birdnow at 11:40 AM | No Comments | Add Comment
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