Brief of Amici Curiae Children's Rights Scholars and Advocates in Support of Appellants' Opening Brief: Lighthiser v. Trump

Authors

Abigail L. Fleming, University of Miami School of LawFollow
Douglas A. Ruley, University of Miami School of LawFollow
Catherine Smith, Washington and Lee University School of LawFollow

Document Type

Brief

Publication Title

United States Court of Appeals for the Ninth Circuit

Publication Date

1-20-2026

Abstract

For decades, constitutional doctrine has recognized that children possess enforceable constitutional rights and that their developmental, physical, and social differences from adults are important considerations in constitutional analysis. Courts may not impute adult capacities, privileges, or political agency to children when determining whether their rights may be vindicated, leaving them no democratic mechanism to alleviate their injuries.

The district court’s dismissal of the youth plaintiffs’ claims rests on precisely that error. Although the court recognized that the children alleged concrete, severe, and escalating harms caused by the challenged executive actions, it concluded that relief must come from the political branches or the electorate. That conclusion misunderstands redressability and the judiciary’s role in a constitutional system structured to protect individual liberty—especially for those excluded from democratic power.

Recommended Citation

Brief of Amici Curiae Children's Rights Scholars and Advocates in Support of Appellants' Opening Brief: Lighthiser v. Trump, 9th Cir. No. 25-6714 (filed Jan. 20, 2026).