Trump loses appeals court bid to reinstate travel ban

SAN FRANCISCO — A federal appeals court refused Thursday to reinstate President Donald Trump’s ban on travellers from seven predominantly Muslim nations.

The panel of three judges from the 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 is possible.

A judge in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation’s refugee program and immigration from countries that raised terrorism concerns.

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.

The states said Trump’s 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.

Both sides faced tough questioning in an hour of arguments Tuesday and broadcast live on cable networks, newspaper websites and social media, attracting huge audiences. Judges hammered away at the administration’s claim that the ban was motivated by terrorism fears, but they also challenged the states’ argument that it targeted Muslims.

The Supreme Court has a vacancy, and there’s no chance Trump’s nominee, Neil Gorsuch, will be confirmed in time to take part in any vote. The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. The administration also could change the order, including changing its scope or duration.