A federal judge in Seattle on Thursday blasted President Donald Trump’s commitment to the rule of law, saying he is trampling the Constitution to pursue “political or personal gain.”
U.S. District Judge John C. Coughenour offered his commentary while becoming the second federal judge in two days to issue a nationwide injunction that blocks the Trump administration from moving forward on an executive order aimed at curbing birthright citizenship.
Coughenour had eviscerated the executive order as “blatantly unconstitutional” during a hearing two weeks ago in the lawsuit brought by a coalition of four Democratic-led states. In Thursday’s court session, Coughenour, who was appointed by President Ronald Reagan, criticized Trump in direct and unsparing terms moments after Justice Department lawyers had finished arguing that the order was constitutional.
“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” Coughenour said. “Nevertheless, in this courtroom, and under my watch, the rule of law is a bright beacon which I intend to follow.”
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Trump’s order would deny birthright citizenship to the children of undocumented immigrants and foreigners in the country on temporary work, student and tourist visas, a population some estimate at more than 150,000 newborns each year. The order is facing at least six lawsuits from a total of 22 states and more than half a dozen civil rights groups that argue Trump’s effort violates the citizenship clause of the 14th Amendment.
Coughenour was unequivocal in his remarks Thursday, stating that birthright citizenship “is a fundamental right, a constitutional right.”
The judge interjected early in the hearing after a lawyer for the plaintiffs had used the phrase “rule of law” in his presentation. Coughenour said he had worked in Eastern Europe as it emerged from the Soviet Union and that the phrase “appealed to people who were in the early stages of renewing their commitment to the rule of law. You touched on something I value very highly.”
Some conservative legal experts who support Trump’s executive order have criticized Coughenour.
Mike Howell, executive director of the Heritage Foundation’s Oversight Project, pointed to the judge’s initial sentencing in 2005 of Ahmed Ressam, known as the “Millennium Bomber,” to 22 years in prison after he was convicted of plotting to detonate explosives at Los Angeles International Airport in 1999. Prosecutors successfully appealed the sentencing, saying it was too lenient, and Coughenour resentenced him in 2012 to 37 years in prison.
“The judge has a notorious career. He’s soft on terrorism,” Howell said in an interview, suggesting that Coughenour’s judicial record would discredit him with the public.
Coughenour said the Trump administration must pursue a constitutional amendment if it wants to change the 14th Amendment, an effort that would require ratification from a large majority of Congress and U.S. states.
“We are all citizens subject to the rule of law. No amount of policy debate can change that,” the judge said. “And the fact that the government cloaked what is in effect a constitutional amendment under the guise of an executive order is equally unconstitutional. The Constitution is not something the government can play policy games with.”
https://www.washingtonpost.com/immigration/2025/02/06/trump-birthright-citizenship/
U.S. District Judge John C. Coughenour offered his commentary while becoming the second federal judge in two days to issue a nationwide injunction that blocks the Trump administration from moving forward on an executive order aimed at curbing birthright citizenship.
Coughenour had eviscerated the executive order as “blatantly unconstitutional” during a hearing two weeks ago in the lawsuit brought by a coalition of four Democratic-led states. In Thursday’s court session, Coughenour, who was appointed by President Ronald Reagan, criticized Trump in direct and unsparing terms moments after Justice Department lawyers had finished arguing that the order was constitutional.
“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” Coughenour said. “Nevertheless, in this courtroom, and under my watch, the rule of law is a bright beacon which I intend to follow.”
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The ruling came a day after a federal judge in Maryland, overseeing another lawsuit against Trump’s order brought by civil rights groups, issued a similar injunction that put the directive on hold as that case is litigated. The upshot of both injunctions — which the Trump administration will have 60 days to appeal — is that the executive order is unlikely to go into effect later this month as planned.Trump’s order would deny birthright citizenship to the children of undocumented immigrants and foreigners in the country on temporary work, student and tourist visas, a population some estimate at more than 150,000 newborns each year. The order is facing at least six lawsuits from a total of 22 states and more than half a dozen civil rights groups that argue Trump’s effort violates the citizenship clause of the 14th Amendment.
Coughenour was unequivocal in his remarks Thursday, stating that birthright citizenship “is a fundamental right, a constitutional right.”
The judge interjected early in the hearing after a lawyer for the plaintiffs had used the phrase “rule of law” in his presentation. Coughenour said he had worked in Eastern Europe as it emerged from the Soviet Union and that the phrase “appealed to people who were in the early stages of renewing their commitment to the rule of law. You touched on something I value very highly.”
Some conservative legal experts who support Trump’s executive order have criticized Coughenour.
Mike Howell, executive director of the Heritage Foundation’s Oversight Project, pointed to the judge’s initial sentencing in 2005 of Ahmed Ressam, known as the “Millennium Bomber,” to 22 years in prison after he was convicted of plotting to detonate explosives at Los Angeles International Airport in 1999. Prosecutors successfully appealed the sentencing, saying it was too lenient, and Coughenour resentenced him in 2012 to 37 years in prison.
“The judge has a notorious career. He’s soft on terrorism,” Howell said in an interview, suggesting that Coughenour’s judicial record would discredit him with the public.
Coughenour said the Trump administration must pursue a constitutional amendment if it wants to change the 14th Amendment, an effort that would require ratification from a large majority of Congress and U.S. states.
“We are all citizens subject to the rule of law. No amount of policy debate can change that,” the judge said. “And the fact that the government cloaked what is in effect a constitutional amendment under the guise of an executive order is equally unconstitutional. The Constitution is not something the government can play policy games with.”
https://www.washingtonpost.com/immigration/2025/02/06/trump-birthright-citizenship/
