9th Circuit rules against reinstating Trump’s travel ban (and Trump responds)

posted at 6:41 pm on February 9, 2017 by John Sexton

Three judges from the 9th Circuit Court of Appeals have ruled they will not reinstate the temporary travel ban which was halted last Friday by a judge in Seattle. From the LA Times:

A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that a Seattle federal judge’s earlier restraining order on the new policy should remain in effect while the judge further examines its legality.

The court issued the ruling “per curiam,” which means it was a unanimous decision

The court did not rule on the constitutionality of the ban, only that it would be acted upon while a lawsuit against it goes forward. The Washington Post reports on where the Trump administration can go from here:

The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of immigration and national security — to intervene. The Supreme Court, though, remains one justice short, and many see it as ideologically split 4-4. A tie would keep in place whatever the appeals court decides.

Is there any chance this could be anything other than a 4-4 split? If not then it seems as if the restraining order on the travel ban will be in place until Judge Gorsuch becomes Justice Gorsuch. No doubt this issue will play a major role in his confirmation fight.

Trump issued the executive order creating a temporary ban on citizens from Iraq, Syria, Libya, Somalia, Iran, Sudan and Yemen entering the United States on January 27th. There were immediate protests at airports where people from these countries were being detained. Numerous lawsuits were filed including one by the attorney general for the state of Washington. That lawsuit was later joined by the state of Minnesota.

Last Friday, Judge James Robart in Seattle put a temporary restraining order to halt the travel ban nationwide while the underlying lawsuit continued. The Trump Justice Department appealed the decision to halt the ban to the 9th Circuit, widely considered the most liberal appeals court in the country. A 3-judge panel heard arguments Tuesday and the court announced earlier today that a decision would be reached before close of business.

Here’s the all caps response from Trump on Twitter:

Update: Some highlights from the decision:


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