The 9th U.S. Circuit Court of Appeals on Wednesday night declined to reinstate President Donald Trump's order that limits birthright citizenship, stating the Justice Department did not make a "strong showing" that it would win on appeal.

Trump signed the executive order, which would end the constitutional birthright to citizenship regardless of parents’ immigration status, on Inauguration Day. The order was set to go into effect on Wednesday, but several lawsuits have blocked its implementation.

The Justice Department asked the 9th Circuit court to grant an emergency stay of U.S. District Judge John Coughenour's ruling, which blocked the order.

The three-judge panel ruled that the Justice Department failed to make a "strong showing that they are likely to succeed on the merits of this appeal," and one of the judges criticized the department's characterization of an emergency in a concurring opinion, per NBC News.

“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,” Trump-appointed Judge Danielle Forrest wrote. "Just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”

Other judges have argued that the executive order is in direct conflict with the Constitution's 14th Amendment and Supreme Court precedent. 

The Trump administration argues the 14th Amendment's birthright citizenship provision applies to persons who are "subject to the jurisdiction" and owe allegiance to the United States, and does not apply to the children of noncitizens.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.