The 9th Circuit Court of Appeals ruled against the Trump administration's second attempted travel ban just 17 weeks after it struck down the first. The decision by a unanimous three-judge panel of the San Francisco-. Gorsuch's confirmation by the U.S. Senate in April restored the court's 5-4 conservative majority.
(AP Photo/Jeff Chiu, file).
The 9th Circuit largely left in place a nationwide injunction by Judge Derrick Watson that stopped parts of the order, which Trump said was urgently needed to prevent terrorism in the US. The 9th Circuit said he was required to consult with Congress in setting the number of refugees allowed into the country in a given year and that he could not decrease it midyear.
(AP Photo/Haven Daley, File). But the 4th Circuit was only ruling on the portion of the law restricting travel from the six countries for 90 days.
The combination of the two rulings "provides a 1-2 punch against the executive order that will make it harder for the administration to win at the Supreme Court", he said.
The three-judge panel unanimously ruled that the president violated United States immigration law by discriminating against people based on their nationality, and also failed to show that their entry into America would hurt the country's interests. Here's a look at how the rulings compare and what might come next. "We can not blind ourselves to the fact that, for nationals of the six designated countries", the decision notes, the order "is effectively a ban on the issuance of immigrant visas". The Ninth Circuit Court ruled that Hawaii is likely to succeed in its claim that Trump did not have power, under federal immigration laws, to issue the executive order's main provisions.
Trump said in his earlier Supreme Court appeal that the policy "is not a so-called 'Muslim ban.'" The president is asking the justices to decide before leaving for their three-month recess at the end of June whether they will hear the appeal.
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North Korea frees American student; parents say he's in coma
Richardson said his center in Sante Fe, N.M. received a call Tuesday from the Warmbiers with an update on their son's condition. Rodman developed an unlikely relationship with the North Korean leader since making his first trip there in 2013.
The 9th Circuit, however, did not completely ignore the president's statements.
To back up this argument they cited a tweet made by Donald Trump, which said the countries themselves were unsafe, rather than the people in them.
"In conclusion, the Order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality", the per curiam opinion said.
"The Supreme Court is going to have to take both of these cases", University of California, Irvine Law School dean Erwin Chemerinsky said.
The high court could still act before then on the separate emergency request in a similar case from Maryland. The justices have a range of options in front of them. White House spokesman Sean Spicer said the administration is reviewing Monday's decision and expressed continued confidence that the order is fully lawful and ultimately will be upheld by the Supreme Court.
In opposing the Trump administration's petition for certiorari and stay request, the attorneys general believe allowing the ban would harm their people, institutions, and economies.