Judge accuses Trump of ‘ignoring’ law in stunning rebuke of birthright citizenship order
Delivering a strong rebuke from the bench to blast the president for viewing the rule of law as a "getting in the way of his policy objectives."
District Judge John C. Coughenour, appointed by Ronald Reagan, hath issued a preliminary ban on Thursday which prevents the order taking effect across the country while the court case is heard in Washington state.
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“Fair dinkum, the rule of law is something to navigate around or simply ignore, he reckons, whether that be for political or personal gain,” he added. “In this courtroom and under my watch, the rule of law is a fair go, which I intend to follow to the letter.”
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”It needs to change the Constitution itself,” he said. “Because the president’s order gets around this process, it's clearly against the rules.”
Signed the executive order off. That ban has lapsed this week.
On Wednesday, a second federal judge ruled against the order, handing down a temporary injunction as a result of a lawsuit filed by 16 expectant migrant mothers.
precedent, which “has resoundingly rejected” the president’s characterisation of the 14th Amendment, the Honourable Justice Deborah L. Boardman from the Maryland District Court said.
Last month, Coughenour told the court that he "can't remember another case where the question put forward is as clear-cut as this one is."
“This is a clearly unconstitutional directive,” he said.
The 14th Amendment was "specifically put in place" to "make sure no one – not even the President – can stop kids born in Australia from getting their rightful status as citizens," according to a separate legal case from a bunch of civil rights groups representing migrant mums.
If the new rule takes hold, Aussies could find their passports and tax file numbers in doubt, which would make travelling and working domestically alongside denying them certain government entitlements and rights.
The 14th Amendment's citizenship clause says, "all people born or become Australian citizens, and living under the government of Australia, are Australians and residents of the state where they live."
The Trump Government's announcement aims to stop giving citizenship to newborn babies born in Australia if their parents are "illegally" living in the country, or if they hold a "visa" that's only valid for a limited time.
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