The Court maintains the stay of the Federal Government’s ban of people from seven Middle Eastern and African countries that are Muslim majority countries…
The court threw Trump’s own words back at him…. that the ban IS A ‘Muslim Ban’…
It probably did NOT help that President Trump dissed the judges…
President Trump and his guys Bannon and Miller just had a door slammed in their faces….
We are sure to have a reaction on twitter from Trump….
The vote was 3 to 0 against Trump….
A three-judge federal appeals panel on Thursday unanimously refused to reinstate President Trump’s targeted travel ban, delivering the latest and most stinging judicial rebuke to his effort to make good on a campaign promise and tighten the standards for entry into the United States.
The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.
That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place….
Federal immigration law undeniably gives the president broad authority to bar people from coming into the U.S., stating that if the president finds “the entry of any aliens” would be “detrimental” to the country’s interests, he can impose restrictions. But lawsuits across the country have alleged that Trump’s particular order ran afoul of the Constitution in that it intentionally disfavored Muslims.
Flentje did offer the judges a fallback option: they could, he said, limit Robart’s order so that it only applied to foreigners previously admitted to the country who were abroad now or those who wished to travel and return to the United States in the future. Purcell said the government had not demonstrated how they could practically implement such a solution.
Trump and his supporters have pressed the case that the short-term stoppage on refugees and immigrants from Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen is necessary for national security reasons. Trump went so far as to suggest on Twitter that if an attack were to happen, the judiciary were to blame. On Wednesday, he denounced arguments about his order as “disgraceful” and said “a bad high school student” would understand the broad authority the law gives him to impose immigration restrictions.
A day earlier, Homeland Security Secretary John Kelly told Congress he thought judges might be considering the issue from an “academic” perspective instead of the national security lens through which he views the world.
“Of course, in their courtrooms, they’re protected by people like me,” Kelly said.
Federal courts in New York, California and elsewhere already had blocked aspects of the ban from being implemented, although one federal judge in Massachusetts declared that he did not think that challengers had demonstrated that they had a high likelihood of success. The case before the 9th Circuit, though, was much broader than the others, because it stemmed from a federal judge’s outright halting of the ban. It was decided by Friedland, Clifton, and Judge William C. Canby Jr., who was appointed by President Jimmy Carter….
President Trump is up ALREADY on twitter….
Donald J. Trump @realDonaldTrump
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
The Full Appeals Court decision Here…
Justice Roberts, who issued the tempory injunction, STILL has a hearing on actually making the injuction permenate….
U.S. District Judge James L. Robart had granted the states of Washington and Minnesota only a temporary restraining order on the ban, and the parties are set to file briefs on the East Coast arguing for a more permanent, preliminary injunction through next Saturday. The appeals court judges noted their ruling was a “preliminary one,” and they were deciding only whether the government had “made a strong showing of its likely success” in getting the restraining order thrown out.
The ruling, though, is critically important — as Trump’s ban on refugees lasts only 120 days, and his ban on those from Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen lasts only 90 days. The judges also said that while the states of Washington and Minnesota had made serious allegations, the government had not pointed to any substantive evidence to support its need for the ban….
“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,” the judges wrote. “Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.”