Federal appeals court refuses to reinstate Trump travel ban
SAN FRANCISCO, California — 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 U.S. Circuit Court of Appeals unanimously ruled that the Trump administration failed to offer 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.”
In response, Washington Gov. Jay Inslee, a Democrat who leads one of the states that challenged the ban, said: “Mr. President, we just saw you in court, and we beat you.’’
The panel declined to block a lowercourt ruling that suspended the ban and allowed previously barred travelers to enter the US But it did not shy away from the larger constitutional questions raised by the order.
No evidence The judges sided with the states on every issue except for one technical matter. They rejected the administration’s argument that courts did not have the authority to review the president’s immigration and national security decisions. They said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel. And they said the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the US.
“Despite the district court’s and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence to rebut the States’ argument that the district court’s order merely returned the nation temporarily to the position it has occupied for many previous years,’’ the panel wrote.
The court battle is far from over. The lower court still must debate the merits of the ban, and an appeal to the US Supreme Court seems likely. That could put the decision in the hands of a divided court that has a vacancy. Trump’s nominee, Neil Gorsuch, is unlikely to be confirmed in time to take part in any consideration of the ban, which was set to expire in 90 days unless it is changed.
Compelling public interest
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 Justice Department said it was “reviewing the decision and considering its options.’’