By Abiola Olawale
United States District Judge John C. Coughenour has granted a preliminary injunction against US President Donald Trump’s executive order aiming to end birthright citizenship.
Judge Coughenour, who was appointed by former US President Ronald Reagan, described the order as “blatantly unconstitutional” during a hearing.
The decision came after states including Washington, Arizona, Illinois, and Oregon challenged the order, arguing it violated the 14th Amendment of the US Constitution.
The judge ruled: “It has become ever more apparent that to our president (Trump), the rule of law is but an impediment to his policy goals.
“The rule of law, according to him, is something to navigate around or simply ignore, whether that be for political or personal gain.
“Nevertheless, in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow. I said this two weeks ago, and I’ll say it again today.
“There are moments in the world’s history when people look back and ask, Where were the lawyers, where were the judges? In these moments, the rule of law becomes especially vulnerable.
“I refuse to let that beacon go dark today, as a judge, my job is not only to uphold the law but to protect the rule of law itself. Birthright citizenship is a fundamental constitutional right.
“The 14th Amendment secures the blessings of liberty to our posterity by bestowing on all those born in the United States and subject to its jurisdiction, the rights of citizenship.
“We are all citizens subject to the rule of law. No amount of policy debate can change that. And the fact that the government has cloaked what is effectively a constitutional amendment under the guise of an executive order is equally unconstitutional.
“The constitution is not something with which the government may play policy games. If the government wants to change the exceptional American grant of birthright citizenship, it needs to amend the Constitution itself.
“That’s how our constitution works, and that’s how the rule of law works, because the president’s order attempts to circumscribe this process. It is clearly unconstitutional. The preliminary injunction is granted on a nationwide basis.”
The injunction temporarily blocks the implementation of the executive order, which was intended to change the interpretation of birthright citizenship for children born to parents without legal status in the US.
The ruling has set the stage for further legal battles, with indications that the case might eventually reach the US Supreme Court.
