Donald Trump vows to continue travel ban legal battle
SAN FRANCISCO-A federal appeals court in San Francisco said Thursday it will release its ruling by the end of the business day in the legal fight over whether to reinstate U.S. President Donald Trump’s ban on travellers from seven predominantly Muslim nations.
After the US 9th Circuit Court of Appeals issued a blow to President Trump’s travel moratorium on Thursday by refusing to reinstate it, courts and lawyers around the country have been grasping to find out what the White House will do next.
After the court’s decision was announced Thursday night, Trump had tweeted “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” Trump told reporters he’ll be making that decision over the next week.
The Trump administration may consider issuing a new executive order that explicitly omits green-card holders from the travel ban in an effort to head off legal challenges. The Court of Appeals only ruled on whether the order should be allowed to take effect immediately. The states of Washington and Minnesota have brought a case arguing the government’s ban violates the constitution. Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked the Justice Department attorney. But the USA ninth circuit court of appeal’s unanimous ruling suggests that the administration will struggle to make a convincing argument.
After a federal appeals court upheld an injunction against his executive order on immigration, President Donald Trump lashed out at the “disgraceful decision” on Twitter.
In response to Mr Trump’s tweet, Mr Dale Ho, director of the American Civil Liberties Union’s Voting Rights Project, tweeted: “We already saw you in court”.
The Trump administration argued that such executive orders fall exclusively within the executive branch and should not be subject to judicial review.
Technically, the 9th Circuit Court’s decision only applies to Seattle’s Judge James Robart’s February 3 decision. This court’s holding does not guarantee that the travel ban will ultimately be ruled unconstitutional.
The lower court action so far is temporary and hasn’t resolved questions about whether Trump’s order is legal.
On both points, the appellate court judges had serious doubts.
The Ninth Circuit judges seem to think that even a bad high school student should understand that.
The Order led to widespread condemnation as the president’s critics accused him of instituting a discriminatory ban against Muslims, which he and his supporters flatly denied.
The judges rejected the administration’s argument that courts did not have the authority to review the president’s decisions on immigration and national security. It could appeal the judge’s restraining order to the U.S. Supreme Court or it could attempt to make the case for the travel ban in the district court. But it would need five of the eight justices to vote in favor of suspending the travel ban during litigation.
He could appeal to the Supreme Court. They argued Trump’s executive order privileged certain religious groups over others, in violation of the First Amendment.