Judges won’t reinstate travel ban
• A U.S. federal appeals court refused Thursday to reinstate President Donald Trump’s ban on travellers from seven predominantly Muslim nations, dealing another legal setback to the new administration’s immigration policy.
In a unanimous decision, the panel of three judges from the San Franciscobased 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travellers to enter the U.S.
An appeal to the U.S. Supreme Court seems almost certain after the president tweeted, “See you in court, the security of our nation is at stake.”
It would put the decision in the hands of a divided court that has a vacancy. Trump’s nominee, Neil Gorsuch, could not be confirmed in time to take part in any consideration of the ban.
The appeals panel said the government presented no evidence to explain the urgent need for the executive order to take effect immediately. The judges noted compelling public interests on both sides.
“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. 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.”
The court rejected the administration’s claim that it did not have the authority to review the president’s executive order.
“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the court said.
Last week, U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban after Washington state and Minnesota sued. The ban temporarily suspended the nation’s refugee program and immigration from countries that have raised terrorism concerns.
After that decision, Trump called Robart a “so-called judge” and later tweeted, “Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!”
And on Wednesday, in reference to the three appeals court judges, he said the “courts seem to be so political.”
Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.