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Appeal Court throws out Trump’s immigration ban, heads to Supreme Court

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“See you in court, the security of our nation is at stake!”

President Donald Trump’s controversial immigration ban on Thursday suffered another legal heavy blow as a Federal Appeals Panel unanimously rejected bid by Trump to reinstate the ban.

New York Times listed the three members of the panel as: 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.

Trump’s immigration aims to ban travel into the United States from seven largely Muslim nations- Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The three-judge panel affirmed that Trump failed to show evidence that the targeted countries he plans to ban are threat to the United States, or had committed terrorist acts in the United States.

Donald Trump claims that courts have no role as a check on him

The ruling also rejected Mr. Trump’s claim that courts are powerless to review a president’s national security assessments.

“It is beyond question,” the decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” the court said.

The decision was handed down by the United States Court of Appeals for the Ninth Circuit, in San Francisco. It upheld a ruling last Friday by a federal district judge, James L. Robart, who blocked key parts of the travel ban, allowing thousands of foreigners to enter the country.

“While the order doesn’t bar all Muslims from entering the US, barring immigration entry from seven majority-Muslim countries, especially when paired with his national security team’s record of Islamophobia, leaves no doubt that Muslims are the target of this order.”

What’s next for trump?

Mr. Trump has vowed to fight harder by heading to the Supreme Court, “See you in court, the security of our nation is at stake!” Mr. Trump vowed on Twitter.

The Supreme Court is made up of 8 justices.

There is possibility of deadlock: A 4-to-4 tie there would make appeals court’s ruling valid.

The administration has moved fast in the case so far, and it is likely to file an emergency application to the Supreme Court in a day or two.

The court typically asks for a prompt response from the other side, and it could rule soon after it received one. A decision next week, either to reinstate the ban or to continue to block it, is possible.

Source: New York Times

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