The ruling imposes a 14-day stay on the enforcement of one of the most controversial executive orders Trump signed in the hours after he was sworn into office for a second term.
“I’ve been on the bench for over four decades, I can’t remember another case where the question presented is as clear as this one is,“ said Coughenour, who was appointed by a Republican president, Ronald Reagan.
“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,“ the spokesman said.
It says, in part: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
An incredulous Coughenour chided Justice Department attorney Brett Shumate over his assertion that Trump’s order was constitutional.
“It just boggles my mind.”
The ruling comes after a flurry of lawsuits filed by 22 states, two cities and numerous civil rights groups.
“No president can change the constitution on a whim and today’s decision affirms that,“ Arizona Attorney General Kris Mayes said.
Washington Attorney General Nick Brown said Trump’s order was “un-American.”
“It’s the law of our nation, recognized by generations of jurists, lawmakers and presidents, until President Trump’s illegal action.”
He has repeatedly -- and wrongly -- asserted that the United States is the only country in the world with birthright citizenship; in fact more than 30 others also have it, including Canada and Mexico.
They have cited an 1898 US Supreme Court ruling in the case of a San Francisco-born Chinese American man called Wong Kim Ark.
The court affirmed that children born in the United States, including those born to immigrants, could not be denied citizenship.
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