Trump’s Birthright Citizenship Order Ruled Unconstitutional

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The Ninth Circuit Court of Appeals, in an opinion written by Ronald M. Gould—a Clinton appointee—and joined by a partial dissent from Patrick J. Bumatay, a first-term Trump appointee, confirmed this decision.

“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional,” the ruling stated.

Gould argued that the administration’s defense relied on “a network of inferences unmoored from the accepted legal principles established when the 14th Amendment was ratified.”

Bumatay’s dissent emphasized the need for judges to adhere strictly to their judicial powers and cited the Supreme Court’s decision in Trump v. CASA, Inc., which limited the ability of federal courts to issue nationwide injunctions against Trump administration policies.

In a unique start to his ruling against President Donald Trump’s administration on September 30, U.S. District Court Judge William Young included a scanned handwritten note sent to his office. The note read: “Trump has pardons and tanks – what do you have?” At the top of Young’s opinion in AAUP v. Rubio, which ruled that Trump’s effort to deport foreign-born student protesters was unconstitutional.

October 8, 2025

The lawsuit was filed by states including Washington, Arizona, Illinois, and Oregon in response to Trump’s day-one executive order on birthright citizenship.

Washington Attorney General Nick Brown stated, “The court agrees that the president cannot redefine what it means to be American with a pen stroke. He cannot strip away the rights, liberties, and protections of children born in our country.”

Oregon Attorney General Dan Rayfield echoed, “We’re proud to stand with the other states in this fight and will continue to defend the rights of every Oregonian, regardless of how or where their story begins.”

USA TODAY has reached out to other attorneys general and the White House for comments.

This ruling follows a July 10 decision by U.S. District Judge Joseph Laplante that barred enforcement of Trump’s order after immigrant rights advocates filed a class action lawsuit following the Supreme Court’s Trump v. CASA, Inc., ruling.

📚 Reading Comprehension Quiz

10 Points

Which of the following best describes the decision confirmed by the Ninth Circuit Court of Appeals regarding birthright citizenship?

A. The Executive Order denying citizenship to many persons born in the United States is constitutional. B. The 14th Amendment does not grant citizenship to persons born in the United States. C. The Executive Order's interpretation of the 14th Amendment is unconstitutional. D. The 14th Amendment was not ratified with the intention of granting citizenship to all born in the United States.

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