By Phil Helsel, Kelly O’Donnell, Hallie Jackson and Ali Vitali
A three-judge federal appeals court panel on Thursday refused to reinstate President Donald Trump’s executive order temporarily barring entry to the United States of nationals from seven predominantly Muslim nations.
The unanimous ruling means that Trump’s so-called “travel ban” remains on hold. The court ruled that the Justice Department had not shown that keeping the president’s travel restrictions on hold would cause “irreparable injury.”
Trump issued a defiant response on Twitter minutes after the ruling. “SEE YOU IN COURT,” the president said.
“It’s a political decision, and we’re going to see them in court,” Trump told reporters after the ruling.
“This is just a decision that came down, but we’re going to win the case,” he said.
The panel of the 9th U.S. Circuit Court of Appeals was ruling on the government’s request for a stay that would reinstate the travel restrictions, but the ruling also touched on the president’s power in matters of national security.
“Federal courts routinely review the constitutionality of — and even invalidate — actions taken by the executive to promote national security, and have done so even in times of conflict,” the judges wrote.
The appeals court panel also dismissed Justice Department arguments that presidential decisions about immigration policy related to national security are unreviewable.
“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the judges wrote.
(The 9th U.S. Circuit Court of Appeals upheld the stay against President Trump’s travel ban in a decision issued late Thursday. See CBS News’ special report on the decision. Courtesy of CBS News and YouTube)
The ruling comes after a lower-court judge in Seattle issued a temporary restraining order last Friday effectively blocking Trump’s executive order from being implemented.
The Justice Department asked for a stay pending review of an appeal, arguing that Trump had the authority to issue the order and that the Seattle judge’s restraining order was overly broad. It also cited harm to the public.
The White House said it was reviewing the appeal court ruling. White House Press Secretary Sean Spicer said in an interview with Breitbart News that was streamed live on Facebook that the ruling was not on the merits of Trump’s order, and he said “we feel very confident that we’re going to prevail.”
Attorneys representing Washington state, saying public universities and the economy were harmed by the order, challenged Trump’s order on constitutional grounds.
Trump’s Jan. 27 executive order suspended entry to the United States by people from Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen for 90 days.
(President Donald Trump told reporters that the appeals court’s decision not to reinstate his travel ban was political. Courtesy of CNN and YouTube)
Washington state Attorney General Bob Ferguson said the appeals court ruling shows that the president is not above the law.
“Bottom line, this is a complete victory for the state of Washington,” Ferguson said. “The 9th Circuit Court of Appeals, in a unanimous decision, effectively granted everything we sought. We are a nation of laws.”
Implementation of Trump’s executive order caused chaos at airports, with green card holders, students and professors among those reporting they were detained or turned away.
Trump has said the order is necessary to protect Americans from terrorism. The order follows campaign pledges to put in place “extreme vetting.” Critics have called it a “Muslim ban,” which Trump has denied.
Senate Minority Leader Chuck Schumer, D-New York, called on Trump to withdraw the order following the appeals court decision.
“President Trump ought to see the handwriting on the wall that his executive order is unconstitutional,” Schumer said in a statement. “He should abandon this proposal, roll up his sleeves and come up with a real, bipartisan plan to keep us safe.”
After U.S. District Judge James Robart issued the restraining order blocking Trump’s travel restrictions, visa holders and refugees rushed to take advantage of the pause.
About 60,000 visas that had been canceled were deemed valid after Robart issued his restraining order.
Trump’s executive order also suspended the U.S. refugee program for 120 days, and it indefinitely suspended entry to the United States by Syrian refugees.
(Fox News senior judiciary analyst says the Ninth Circuit Court inadequately addressed the primacy of the presidency. Courtesy of Fox News and YouTube)
Twitter, Uber, Google and Apple were among nearly 100 companies that filed a friend-of-the court brief arguing against Trump’s executive order. They said it hinders the ability of U.S. companies to attract top talent and “and is inflicting substantial harm on U.S. companies.”
The International Rescue Committee hailed Thursday’s ruling.
“I am heartened that the Ninth U.S. Circuit Court of Appeals showed that care for refugees and commitment to American security go together,” President and Chief Executive David Miliband said in a statement.
“The confusion and chaos that resulted from the Administration’s hasty and harmful executive order should be a lesson to keep intact carefully developed procedures that have kept America safe,” Miliband said.
Original post http://www.nbcnews.com/politics/politics-news/appeals-court-panel-refuses-reinstate-trump-travel-order-n719136
