3-0: Judges Reject US Travel Ban
In its ruling on Thursday, the 9th Circuit said the government had so far failed to show that any person from the seven countries had perpetrated a terrorist attack in the United States President Backs One-China Policy in Call With Xi
President Donald Trump suffered a legal blow on Thursday when a federal appeals court refused to reinstate his executive order temporarily banning people from seven Muslim-majority countries from entering the United States.
A three-judge panel of the 9th US Circuit Court of Appeals unanimously ruled that the Trump administration fai led to of fer any evidence that national security concerns justified immediately restoring the ban, which he launched two weeks ago.
Shortly after the court issued its 29-page ruling, Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” He told reporters his administration ultimately would win the case and dismissed the ruling as “political”.
The 9th Circuit ruling, upholding last Friday’s decision by US District Judge James Robart to suspend the order, does not resolve the lawsuit. It relates only to whether to lift an emergency halt to Trump’s order put in place by a lower court.
Trump, a Republican who took office on January 20, faces long odds in getting the ban restored while litigation over his executive order proceeds. To ultimately win, the justice department will have to present evidence that people from those countries represent a domestic threat, legal experts said.
In its ruling on Thursday, the 9th Circuit said the government had so far failed to show that any person from the seven countries had perpetrated a terrorist attack in the United States.
The 9 t h Ci rcuit j udges s a id more legal arguments would be needed to decide the actual fate of Trump’s order. While the court said it could not decide whether the order discriminated against a particular religion until the case had been “fully briefed”, it added that the states had presented evidence of “numerous statements” by the president “about his intent to implement a ‘Muslim ban’”.
The administration argued that the courts do not have access to the same classified information about threats to the country that the president does. The judges countered that “courts regularly receive classified information under seal”.
The three judges said the states had shown that even temporary reinstatement of the ban would cause harm.
FINAL OUTCOME ‘NOT CERTAIN’
The government has 14 days to ask the 9th Circuit to have a larger panel of judges review the decision “en banc”, or appeal directly to the US Supreme Court, which will likely determine the case’s final outcome.
DonaldTrumpreaffirmedtheUS’s support for the ‘One-China’ policy in his first phone call as president with Chinese counterpart Xi Jinping, easing a key source of diplomatic tension between the world’s two largest economies. “The two leaders discussed numerous topics and President Trump agreed, at the request of President Xi, to honour our ‘OneChina’ policy,” the White House said in a statement on Thursday. “They also extended invitations to meet in their respective countries. President Trump and President Xi look forward to further talks with ve r y s uc c e s s f u l outcomes.”
Xi said i t wa s necessary for both sides to increase cooperation, China Central Telev i sion s a id . The Chinese president said his country was willing to boost ties with the US on trade, investment, technology, energy and infrastructure. Xi also said the two countries should enhance communication in international and regional military affairs. “Facing an extremely complicated global situation and rising challenges, there’s a greater need for continuing to enhance cooperation between China and the US,” Xi said.
Tensions with China rose after Trump tweeted about his protocol-breaking phone conversation with Taiwanese President Tsai Ing-wen on December 2 and subsequently questioned the One-China policy in interviews.
Xi said it was necessary for both sides to increase cooperation