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One of the most inevitable outcomes of Trump’s executive actions has immediately come to pass. After Trump tried to end birthright citizenship with an executive order, Democratic AGs have sued Trump to make sure that his executive order is not implemented:
President Trump now seeks to abrogate this well-established and longstanding constitutional principle through executive fiat. Just hours after taking office, he signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” (attached here to as exhibit A), which declares that birthright citizenship does not extend to any child born in the United States to a mother who is unlawfully present or lawfully present on a temporary basis and a father who is neither a U.S. citizen nor a lawful permanent resident.
On the basis of this unlawful declaration, the President prescribes that the federal government shall not issue or recognize any document recognizing citizenship for any such child born after February 19, 2025. The president has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth.
If this unprecedented executive action is allowed to stand, both Plaintiffs and their residents will suffer immediate and irreparable harm.
Trump is going to lose in court, and I expect that an injunction will be issued to block the order from being implemented, and the injunction will stay in place until the Supreme Court has the final say. Even this Supreme Court majority will rule against Trump in this instance.
Some of the names on the lawsuit are familiar thorns in Trump’s side, like Michigan AG Dana Nessel and New York Attorney General Letitia James, who is still trying to collect $450 million in fraud fines from Trump.
This is grade school-level stuff, but Trump is trying to test the limits of executive power and see what he can get away with.
Resistance can take many forms and blue states are already resisting Trump.
Share your thoughts on the blue state lawsuit in the comments below.