Overview

• Judge Leo Sorokin relied on a Supreme Court carve-out for complete relief to impose the third nationwide injunction, warning that partial relief would leave states scrambling to redesign benefits programs.
• On July 24, a 9th U.S. Circuit panel ruled 2-1 that Trump’s executive order conflicts with the Citizenship Clause of the 14th Amendment and upheld a nationwide block, marking the first appellate decision on the merits.
• The majority opinion by Judge Ronald Gould, joined by Judge Michael Hawkins, invoked United States v. Wong Kim Ark to conclude that the order contravenes longstanding constitutional and administrative precedent.
• Sorokin’s decision builds on earlier universal injunctions issued by Seattle and New Hampshire district courts, each citing a Supreme Court exception to sustain a broad ban.
• With enforcement stalled by multiple courts, the administration is weighing an en banc rehearing or a direct appeal to the Supreme Court but has no immediate path to implement the order.