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District Judge Deborah Boardman has scheduled a 10 a. ET hearing on Wednesday to consider a request by five pregnant undocumented women to issue a preliminary injunction blocking Trump's Day-1 executive order on birthright citizenship. The women and the two nonprofits filed a lawsuit against the Trump administration, arguing that the executive order -- which challenged the long-settled interpretation of the Fourteenth Amendment's citizenship clause -- violated the constitution and multiple federal laws.
Lawyers for the Department of Justice have claimed that Trump's executive order attempts to resolve "prior misimpressions" of the Fourteenth Amendment, arguing that birthright citizenship creates a "perverse incentive for illegal immigration.
The executive order has already been put on hold by a federal judge in Seattle, who last month criticized the Department of Justice for attempting to defend what he called a "blatantly unconstitutional" order. It boggles my mind," said U. District Judge John Coughenour. Because Judge Coughenour's order only blocked the executive order temporarily, Judge Boardman will consider a longer-lasting preliminary injunction of the executive order.
With Trump vowing to appeal a ruling that finds his executive order unconstitutional, a preliminary injunction -- if granted after Wednesday's hearing -- could be his first opportunity to appeal to a higher court. Members of the Trump administration spent months crafting this executive order with the understanding that it would inevitably be challenged and potentially blocked by lower courts, according to sources familiar with their planning. Josh Hawley, R-Mo. Eric Schmitt, R-Mo. John Kennedy, R-La.
A week ago, there were lingering questions on Capitol Hill about whether a handful of Republicans would tank the president's most controversial nominees or if any Republicans would raise concerns about the sweeping changes across federal agencies, but these questions have since quieted.