9th Circuit Court of Appeals will not reinstate President Trump’s ban
By: Annie Yager, Xiro Xone News February 9, 2017 Updated: 5:02 PM
The United States Court of Appeals for the 9th Circuit announced Thursday, it will not reinstate President Trump’s ban on travelers from seven countries: Iraq, Iran, Syria, Sudan, Libya, Yemen, and Somalia. The government had asked for a stay of a temporary restraining order that suspended the implementation of the travel ban.
“The emergency motion for a stay pending appeal is denied,” the court’s ruling concluded.
The unanimous ruling, from the U.S. Court of Appeals for the 9th Circuit, flatly rejected the government’s argument that suspension of the order should be lifted immediately for national security reasons, and they forcefully asserted their ability to serve as a check on the president’s power.
The Executive Order signed on Jan. 27 which caused chaos at airports which resulted in massive protests worldwide as nearly 60,000 visas were canceled, including those held by students visiting families abroad and engineers working in the U.S.
The San Francisco-based Court of Appeals said the argument that the ban targets Muslims raised "serious allegations" and presented "significant constitutional questions," and they agreed that courts could consider statements by Trump and his advisers about wishing to enact such a ban.
President Trump Tweeted: "see you in court" after the Thursday ruling.
The panel suggested that the president should get "considerable deference" in the areas of immigration and national security, "it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action."
The federal lawyers defending the ban said the seven countries targeted in the executive order were designated not because they were predominantly Muslim but because Congress and the Obama administration had linked them to terrorism.
The Trump administration also argued that the president could not be second-guessed by the courts on his executive action because as a matter of law he has authority over foreign relations and national security.