A US federal appeals court early Sunday rejected a request by the Department of Justice to immediately reinstate President Donald Trump travel ban. Twice bitten but not shy Trump took to his favorite Twitter to express his reaction: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
In a major setback for President Donald Trump administration‘s first major attempt to carry out its anti-terrorism agenda, a federal appeals court on February 9 refused to reinstate Trump’s executive order barring travelers from seven predominantly Muslim nations from entering the U.S. On January 27,Trump bannedcitizens of seven Muslim-majority countries hailing from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen from entering the US for at least the next 90 days by executive order. It sparked chaos at airports and protests worldwide as at least 60,000 visas were voided, including those held by doctors, engineers and students who were caught outside the U.S. visiting relatives abroad.
U.S. District Judge James L. Robart issued a temporary restraining order blocking enforcement of the order last week after concluding that a challenge by the states of Washington and Minnesota was likely to succeed. The Seattle-based judge, appointed by President George W. Bush, also concluded that halting the ban – at least for a while – would cause no undue harm to the country.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that Judge James L. Robart’s earlier restraining order on the new policy should remain in effect while the judge further examines its legality. The three judges, two Democratic appointees and a Republican, unanimously said the administration had not shown an urgent need to have the order go into effect immediately. The judges on the Ninth Circuit panel were Judge Michelle T. Friedland, appointed by President Barack Obama; Judge William C. Canby Jr., appointed by President Jimmy Carter; and Judge Richard R. Clifton, appointed by President George W. Bush.
“No one is above the law, not even the president,” Washington Attorney General Bob Ferguson, who brought the lawsuit against the executive order along with the state of Minnesota, said in a statement. “The president should withdraw this flawed, rushed and dangerous Executive Order, which caused chaos across the country.”
The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.
That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place. If the Supreme Court decides not to review the 9th Circuit decision or can’t muster a majority vote, the ruling from the San Francisco court will remain in place while the Seattle judge further examines its legality.
But Trump was defiant in response to the ruling against his travel ban.
Minutes after the ruling was issued Thursday night, Trump tweeted a message in all caps: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
The American Civil Liberties Union, one of the many plaintiffs around the nation who have sued the administration over the travel ban, said this was just the first step.
Former Republican Arkansas Gov. Mike Huckabee accused the court of protecting terrorists.
The Council on American-Islamic Relations, which is opposed to the ban, greeted the ruling with a sigh of relief.