The judge does not hold back.
The post Reagan Judge Tells Donald Trump THAT’S NOT AT ALL HOW THE CONSTITUTION WORKS appeared first on Above the Law.
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(Photo by Jabin Botsford /The Washington Post via Getty Images)
Donald Trump did an historic amount of damage on his first day back in the presidency, the most glaringly unconstitutional of which was an attempt to rewrite the 14th Amendment solo. Trump signed an executive order claiming to revoking the birthright citizenship granted by the Constitution (and overturn the 130-year-old precedent of United States v. Wong Kim Ark).
This was immediately challenged by every state with a Democratic Attorney General, several municipalities, the ACLU, and immigration rights lawyers across five different lawsuits. Seattle-based district court Judge John Coughenour was the first to act, and he is having exactly none of this nonsense.
Coughenour was appointed to the federal bench by President Ronald Reagan, so not exactly a lefty. But he *does* understand the law and the “blatantly unconstitutional” executive order Trump signed. During arguments in the case, Coughenour let the attorneys know exactly what he was thinking about the matter. “I’ve been on the bench for over four decades,” Coughenour said. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.” He also wondered, “Where were the lawyers?” And said it “boggled” his mind that any member of the bar thought the EO was constitutional (well, any member of the bar *not* auditioning to be Trump’s next SCOTUS pick).
So, yeah Coughenour granted the temporary restraining order requested by Washington Attorney General Nick Brown and Arizona, Illinois, and Oregon, blocking the Trump administration from enforcing the executive action, at least for now.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].