西雅图的一名联邦法官发布了一项针对唐纳德·特朗普总统关于出生公民权的行政命令的全国性初步禁令-一天前马里兰州的一名法官也发布了禁令发布临时封锁在订单上。
“越来越明显的是,对我们的总统来说,法治只是实现其政策目标的障碍,”法官约翰·库格诺尔说。
“宪法不是政府可以用来玩政策游戏的东西,”Coughenour补充说。"初步禁令是在全国范围内授予的."
在持续不到20分钟的听证会上,代表州总检察长的律师辩称,初步禁令对于保护本案中的原告是必要的。
“当我们批准第14修正案时,我们做出了集体判断和承诺,将引导我们的国家走向未来,”州总检察长的律师说。“这是一个承诺,出生时的公民权是政府无权剥夺或破坏的。总统和行政部门不能独自取消这一判断或承诺。”
司法部(Department of Justice)的律师德鲁·恩赛恩(Drew Ensign)称,原告对公民身份条款的解释“明显且毫不含糊地不正确”,并辩称公民身份条款仅适用于“那些效忠国家并受国家保护的人”。DOJ认为,在美国出生、母亲没有合法身份的孩子不能获得公民身份,除非他或她的父亲是公民或绿卡持有者。
在做出裁决时,库格诺尔称与生俱来的公民权是“一项基本的宪法权利”
“在世界历史的某些时刻,人们回过头来问,‘律师在哪里,法官在哪里?’”库格诺尔说在这些时刻,法治变得特别脆弱。今天我拒绝让灯塔熄灭。"
Federal judge issues 2nd preliminary injunction against Trump birthright citizenship order
A federal judge in Seattle has issued a nationwide preliminary injunction against President Donald Trump's executive order on birthright citizenship -- one day after a judge in Maryland alsoissued a temporary blockon the order.
"It has become ever more apparent that to our president, the rule of law is but an impediment to his policy goals," Judge John Coughenour said.
"The constitution is not something with which the government may play policy games," Coughenour added. "The preliminary injunction is granted on a nationwide basis."
During the hearing, which lasted less than 20 minutes, an attorney representing the state attorneys general argued the preliminary injunction is necessary to protect the plaintiffs in the case.
"When we ratified the 14th Amendment, we rendered a collective judgment and a promise that would guide our nation into the future," the attorney for the state attorneys general said. "It was a promise that citizenship at birth is beyond the power of the government to take away or destroy. The president and the executive branch cannot alone undo that judgment or that promise."
Drew Ensign, an attorney for the Department of Justice, called the interpretation of the citizenship clause by the plaintiff "demonstrably and unequivocally incorrect" and argued the citizenship clause applies only "to those in the allegiance and under the protection of the country." The DOJ has argued that a child born in the United States to a mother without legal status cannot receive citizenship unless his or her father is a citizen or green card holder.
When giving his ruling, Coughenour called birthright citizenship "a fundamental constitutional right."
"There are moments in the world's history when people look back and ask, 'Where were the lawyers, where were the judges?'" Coughenour said. "In these moments, the rule of law becomes especially vulnerable. I refuse to let that beacon go dark today."