U.S. ninth circuit court rules against reinstating Trump travel ban
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Friday, February 10, 2017
Thursday night, the United States Court of Appeals for the Ninth Circuit ruled unanimously against reinstating an executive order by U.S. President Donald J. Trump barring entry to the United States by refugees and residents of seven Muslim-majority countries.
“The government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States,” read the findings of the three-judge panel.
The travel ban was given an emergency stay the day after its enactment by Brooklyn federal judge Ann Donnelly on the grounds that some of the individuals subject to the order were in danger of harm if deported. Last Friday, in response to lawsuits from the U.S. states of Washington and Minnesota, federal district judge James Robart ruled that there was “no urgent need” for the executive order to remain in force. Although a separate set of legal proceedings meant to determine whether the travel ban violates the U.S. Constitution is currently under way in Robart’s court, the specific question before the Court of Appeals this week was whether Judge Robart’s decision was correct. The court upheld Robart’s ruling. While they did not rule on whether the ban amounted to religious discrimination they did say previous statements made by President Trump while campaigning that promised a “Muslim ban” could be taken into account in any future proceedings.
President Trump’s lawyers argued that the U.S. President has the sole authority to determine immigration policy and the administration was therefore under no obligation to defend or explain the executive order. The court disagreed on both points. “It is beyond question,” read the order, which was unsigned and issued jointly, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.” One of the three judges was appointed by Republican president George W. Bush and the other two by Democrats Barack Obama and Jimmy Carter..
The Trump administration can either wait for the next set of rulings by this court in March or file an emergency appeal with the U.S. Supreme Court. This court usually has nine judges but has been working with eight since the death of Justice Antonin Scalia. Trump’s nominee to replace him Neil Gorsuch has yet to be confirmed. In the case of a 4-4 tie in the Supreme Court, the 9th Circuit Court’s ruling would remain in place.
President Trump expressed his preferences, as is his custom, via Tweet: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”