Trump Warns Travel Ban Ruling Comes at a 'Dangerous Time'

Claudine Rigal
Juin 22, 2017

This is the second federal appeals court to uphold a block on the ban.

One interim step the government could also take in the Ninth Circuit is ask to for an "en banc" review of Monday's ruling by all sitting Ninth Circuit judges, but most likely government lawyers will try to go straight to the Supreme Court where the Fourth Circuit case has already landed.

Wall said the 9th Circuit ruling in favor of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds".

In a unanimous ruling Monday, a three-judge panel on the court said Trump's revised order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality.

Spicer strongly defended the Trump's executive orders in his daily briefing on Monday and said the administration was reviewing the opinion as it weighed its next steps.

In the revised executive order, the 90-day ban was to apply to people from Iran, Libya, Syria, Somalia, Sudan and Yemen.

The Supreme Court is getting involved in the travel ban case. The Ninth Circuit Court ruled only that Trump had failed to fulfill requirements under immigration laws that govern when the president may stop entry of foreign nationals into the country. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state, decision that was unanimously upheld by a different three-judge 9th Circuit panel.

Ironically, the judges pointed to Trump's own tweets to validate their ruling, including one from just last week in which the president said his travel ban was needed for "certain risky countries". The Trump administration has already chose to challenge that decision in the US Supreme Court.

Trump retracted his first executive order in January after multiple judges blocked it. Watson also blocked a directive that suspended entry of refugee applicants for 120 days, as well as other instructions for the government to study tougher vetting procedures.

In the 9th Circuit Court of Appeal's ruling, the justices specifically cited Trump's tweets in the lead-up to their decision, saying that the order "does not provide any link between an individual's nationality and their propensity to commit terrorism or their inherent dangerousness".

The Supreme Court could rule on 4th and 9th Circuit rulings at any time.

An earlier version of the travel ban, issued by Mr Trump just days after taking office, sparked confusion at airports and protests.

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