U.S. ninth circuit court rules against reinstating Trump travel ban

Tonight, the 9th U.S. Circuit Court of Appeals 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 temporarily halted the day after its enactment by Brooklyn judge Ann Donnelly on the grounds that some of the individuals subject to the order would risk harm if deported. Last Friday, in response to lawsuits from the U.S. states of Washington, Minnesota and others, district judge James Robart gave a nominally permanent ruling 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 circuit court this week was whether Judge Robart’s decision was correct. The court upheld Robart’s ruling.

President Trump’s lawyers that the U.S. president has the sole authority to determine immigration policy and so the administration was under no obligation to defend or explain the reasoning behind the executive order. The court disagreed on both points. “It is beyond question,” read their decision, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”

This decision could be overruled by 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 and the travel ban would not be allowed to resume.

President Trump responded, as is his custom, via Tweet: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

Source: wikinews.org