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A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.

The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.

The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”

Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.

Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.

“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.

Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect.

The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.”

“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said.

The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.

The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.

Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law.

“Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?”

Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.




One day after Michael Thomas Lewis was charged with felony stalking of Indiana Fever star and WNBA rookie of the year Caitlin Clark, the 55-year-old Texas man shouted “guilty as charged” as soon as he sat down in a courtroom Tuesday.

Lewis is accused of repeated and continued harassment of the 22-year-old Clark beginning on Dec. 16, the Marion County prosecutor’s office wrote in a court filing.

WISH-TV of Indianapolis reported that Lewis behaved “very erratically” in his first court appearance and, at times, appeared to be laughing and joking while noting he had not been taking his medication while jailed or while living out of his car.

Prosecutors said they were seeking a higher than standard bond because Lewis traveled from his home in Texas to Indianapolis “with the intent to be in close proximity to the victim.” Lewis was ordered held on a $50,000 bond, and if the bond is posted, he will be required to wear an ankle monitor and remain in Indiana.

The court also filed a not guilty plea on Lewis’ behalf, and Judge Angela Davis suggested Lewis “remain silent” in jail and only speak with his attorney.

Lewis received a no-contact order and the stay-away order sought by prosecutors that bars him from being within 500 feet of either of the two arenas where the Fever play their home games.

His pretrial hearing will be held remotely on March 31.

In one post on X, Lewis said he had been repeatedly been driving by Gainbridge Fieldhouse, the Indiana Pacers’ home arena where the Fever also play. In another, he said he had “one foot on a banana peel and the other on a stalking charge.” Other messages directed at Clark were sexually explicit.

The social media posts “actually caused Caitlin Clark to feel terrorized, frightened, intimidated, or threatened” and an implicit or explicit threat also was made “with the intent to place Caitlin Clark in reasonable fear of sexual battery,” prosecutors wrote in the Marion County Superior Court filing.



Florida Attorney General Ashley Moody will take Marco Rubio ’s seat in the U.S. Senate, Gov. Ron DeSantis announced Thursday, making Moody only the second woman to represent Florida in the chamber.

Elected as the state’s top law enforcement officer in 2018, Moody campaigned on a pledge to voters that she’d be a prosecutor, not a politician. But along with DeSantis, she boosted her political profile during the onset of the COVID-19 pandemic, calling on the federal government to “hold China responsible” for the outbreak.

In elevating her to the post, DeSantis praised Moody as a key player in his political battles, a law and order prosecutor who’s prepared to help President-elect Donald Trump “secure and shut the border,” rein in inflation, and overhaul what he described as a federal bureaucracy “run amok.”

“I’m ready to show up and fight for this nation and fight for President Trump to deliver the America First agenda on Day 1,” Moody said during Thursday’s announcement at a hotel in Orlando.

“The only way to return this country to the people, the people who govern it, is to make sure we have a strong Congress doing its job, passing laws and actually approving the regulations that these unelected bureaucrats are trying to cram down on the American people,” she added.

Before running for statewide office, Moody worked as a federal prosecutor. In 2006, she was elected to the post of circuit judge in Hillsborough County, home to Tampa. A fifth generation native of Plant City, Florida, Moody was once named queen of the city’s famed strawberry festival. She’s a three-time graduate of the University of Florida and she and her husband, a law enforcement officer, have two sons.

As the state’s attorney general, Moody has been instrumental in defending DeSantis’ conservative agenda in court and has joined other Republican-led states in challenging the Biden administration’s policies, suing over changes to immigration enforcement, student loan forgiveness and vaccine mandates for federal contractors.

“I’m happy to say we’ve had an Attorney General that is somebody that has acted time and time again to support the values that we all share,” DeSantis said. “We in Florida established our state as a beachhead of liberty, as the free state of Florida. And she was with us every step of the way.”

Moody isn’t the state’s only AG to use the office as a stepping stone to a national post. Her predecessor, Pam Bondi, is Trump’s pick to lead the Justice Department and is testifying Thursday in the Senate.

Moody will be the second woman to represent the state in the Senate, and the first in nearly 40 years; Republican Paula Hawkins served in the chamber from 1981-1987.

With the appointment announced, Moody is poised to take office once the vacancy occurs. Rubio is expected to have broad support from Republicans as well as Democrats, and his confirmation vote could come as soon as Monday evening.

Under Florida law, it was up to the Republican governor to choose Rubio’s replacement after Trump picked the three-term senator to be his next secretary of state. Moody will serve in the Senate until the next general election in 2026, when the seat will be back on the ballot.


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