Court denies Trump request to
A federal appeals court denied early yesterday the US Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travellers and all refugees.
The Trump administration appealed a temporary order restraining the ban nationwide, saying late Saturday night that the federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.
Now the higher court’s denial of an immediate stay means the legal battles over the ban will continue for days at least. The 9th US Circuit Court of Appeals in San Francisco asked challengers of the ban respond to the appeal, and for the Justice Department to file a counter-response by Monday afternoon.
Acting Solicitor General Noel Francisco forcefully argued Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.
Earlier Saturday, the government officially suspended the ban’s enforcement in compliance with order of the order of US District Judge James Robart. It marks an extraordinary setback for the new president, who only a week ago acted to suspend America’s refugee program and halt immigration from seven Muslim-majority countries the government said raise terrorism concerns.
Trump, meanwhile, mocked Robart, who was appointed by President George W. Bush, calling him a “so-called judge” whose “ridiculous” ruling “will be overturned.”
“Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” he tweeted.
Trump’s direct attack recalled his diatribes during the campaign against the federal judge of Mexican heritage who oversaw lawsuits alleging fraud by Trump University, and may prompt some tough questions as these challenges rise through the courts.
But the government’s brief repeatedly asserts that presidential authority cannot be questioned by judges once the nation’s security is invoked.
Congress “vests complete discretion in the President” to impose conditions on alien entry, so Trump isn’t legally required to justify such decisions, it says. His