On Thursday, as expected, the 9th U.S. Circuit Court of Appeals unanimously sided with Judge James Robart’s temporary restraining order halting President Donald Trump’s temporary travel ban from seven volatile, America-hating Muslim-majority nations.
Of course, if Judge Robart had issued a ruling stating that Donald Trump was a ham sandwich, the liberal 9th would have doubtless upheld that one too, which is why most pundits from both the right and left fully expected this to go to the next level.
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” the court ruling states.
A defiant President Trump appealed to the American people and to common sense, via Twitter of course!
Fox News reports that the Justice Department is “reviewing the decision and considering its options.” Presidential adviser Kellyanne Conway mentioned “different options” to Marcha MacCallum on The First 100 Days, and was unspecific as to whether Trump’s tweet meant a definite Supreme Court challenge.
Shortly after the ruling, Trump told the White House press pool that the ruling is “a political decision and we’ll see them in court…it is a decision that we will win in my opinion very easily.”
Apparently, the court wants to see “evidence” of threats to national security from the seven countries listed in the ban.
“…[The] Government has not offered any evidence or even an explanation of how the national security concerns that justified those designations, which triggered visa requirements, can be extrapolated to justify an urgent need for the Executive Order to be immediately reinstated.”
According to Fox News, “The administration could also ask a larger panel of judges to hear the appeal, or accept the order and go back to the Seattle-based federal court and try and block the next legal step — whether to grant the states’ request for a preliminary injunction—which would put enforcement of the Executive Order on hold until all the appeals are exhausted.”
But one thing is absolutely certain – President Trump isn’t going to take this lying down, nor should he!
Op-ed views and opinions expressed are solely those of the author and do not necessarily represent the views of BizPac Review.
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