Trump lambastes travel ban decision
SAN FRANCISCO — The legal fight over U.S. President Donald Trump’s ban on travellers from seven predominantly Muslim nations is on hold after the 9th U.S. Circuit Court of Appeals refused to reinstate the order, unanimously rejecting the administration’s claim of presidential authority, questioning its motives and concluding that the order was unlikely to survive legal challenges.
In a rebuke to the Trump administration Thursday, the three federal appellate judges sided with the states of Washington and Minnesota on nearly every matter, opening the possibility that the case could shift to the U.S. Supreme Court.
Trump has been pointing to a federal law that details when immigration restrictions by the president is permissible.
In a tweet Friday, Trump quotes an article by Benjamin Wittes, editor-in-chief of the Lawfare blog.
It reads, “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.”
Trump tweeted, “A disgraceful decision!”
Wittes later said Trump had taken his statement out of context.
Moments after the ruling Thursday, Trump tweeted, “SEE YOU IN COURT,” adding that “THE SECURITY OF OUR NATION IS AT STAKE!”
But it is unclear what Trump’s next move will be. The Justice Department said it is reviewing the decision and considering its options. It was the first day on the job for new Attorney General Jeff Sessions.
While the ban is on hold, refugees and people from seven majority-Muslim nations identified in the president’s Jan. 27 executive order can continue travelling to the U.S.
The appellate 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 states said Trump’s travel ban harmed individuals, businesses and universities. Citing Trump’s campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.