Trump calls court disapproval of his immigration order ‘disgraceful’
But with what appear to be slim chances of getting the ban reinstated by the appeals court, it’s unclear whether the Justice Department would try either option, said UC Irvine Law School Dean Erwin Chemerinsky. He said he had not yet conferred with his attorney general, Jeff Sessions, on the matter.
Moments after his tweet on the courts, Mr. Trump also targeted the “failing” New York Times for a story they ran on China.
The President’s order banned citizens from seven countries – Syria, Iran, Sudan, Libya, Somalia, Yemen and Iraq – from entering America over a 90-day period.
“It is the president, not a court or the political actors in a single state, who makes relevant judgments over national security and foreign affairs”, the us said in its brief. “And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination”.
No. 3: Keep Thursday’s appeals ruling and return to the federal judge in Seattle who initially blocked Trump’s plan a week earlier. A spokesperson for Gorsuch confirmed their accuracy with NBC News. By 51 percent to 46 percent, voters opposed his travel ban; by 60 percent to 37 percent, they opposed his temporary ban on all refugees entering the USA; and by 70 percent to 26 percent, they opposed his indefinite stop for Syrian refugees. “But it was so badly done, they created obvious problems for themselves”. “We will not allow people into our country who are looking to do harm to our people”.
We agree the security of the nation is indeed at stake. The man who will lead Trump’s fight at the helm of the department, Jeff Sessions, was sworn in as United States attorney general on Thursday. It thus rejected the government’s fall-back suggestion that the EO be narrowed to exclude from its coverage legal permanent residents and “previously admitted aliens who are temporarily overseas or wish to travel and return to the United States in the future”.
The Justice Department might also try to persuade another court – either a larger panel of judges on the 9th Circuit or the Supreme Court – to grant its emergency motion to “stay” (i.e., stop) US District Court Judge Robart’s temporary restraining order suspending key provisions of the travel ban.
Trump is not wrong in calling the court decision political. “And in my view, the future of the constitution is at stake”.
Indeed, the notion that courts can not review the lawfulness of presidential actions in matters of immigration and national security “runs contrary to the fundamental structure of our constitutional democracy”. These students and faculty can not travel for research, academic collaboration, or for personal reasons, and their families overseas can not visit. And while reserving judgment on the states’ claims that the ban violates the Establishment and Equal Protection clauses of the Constitution “because it was meant to disfavor Muslims”, the court nevertheless noted the “serious nature of the allegations the states have raised with respect to their religious discrimination claims”. The Administration has just 14 days to request that appeal. The states have argued that the order illegally denied re-entry and travel rights to lawful permanent residents and visa holders without notice.
In the specific Virginia challenge, lawyers for the federal government wrote in a court filing opposing a preliminary injunction that Virginia doesn’t have the right to challenge the ban – and that the court doesn’t have the power to review the president’s executive order.