Overnight, The Ninth Circuit Bounces Tangerine 2.0 Out -- There Is No "Emergency" To Create A Novel Interpretation Of Birthright Citizenship. None.

I think this now puts Trump at 1-for-24 -- and, clearly in the losers' column.

Overnight, the Ninth Circuit told Tangerine 2.0 it could not show that gutting the plain meaning of the Fourteenth Amendment was any form of supportable law, let alone some "burning emergency". It dismissed Trump's appeal, in a terse order. The case will be heard on a more normal June 2025 timeframe. Here's that, on appeal out of Seattle (of Trump's loss on a TRO / prelim. inj.):

. . .ORDER FILED. (William C. CANBY, Milan D. SMITH, Jr., Danielle J. FORREST, Circuit Judges.) Order by Judges CANBY and M. SMITH; Concurrence by Judge FORREST. Appellants have not made a “strong showing that [they are] likely to succeed on the merits” of this appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). The emergency motion (Docket Entry No. 21) for a partial stay of the district court’s February 6, 2025 preliminary injunction is denied. The existing briefing schedule remains in effect. The clerk will place this case on the calendar for June 2025. . . .

Here, the Government has not shown that it is entitled to immediate relief. Its sole basis for seeking emergency action from this court is that “[t]he district court has. . . stymied the implementation of an Executive Branch policy. . . nationwide for almost three weeks.” That alone is insufficient. It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice. . . .

[It] appears that the exception to birthright citizenship urged by the Government has never been recognized by the judiciary, see United States v. Wong Kim Ark, 169 U.S. 649, 693 (1898), and where executive-branch interpretations before the challenged executive order was issued were contrary, see, e.g., Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, Legislation Denying Citizenship at Birth to Certain Children Born in the United States, 19 O.L.C. 340, 340–47 (1995). . . .

Onward, smiling. . . erh. . . that's quite a. . . spanking, there Donald. Onward, indeed.

नमस्ते