New York Officials Praise Court's Freeze On Trump's Executive Order
- Author: Zachary Reyes Feb 11, 2017,
Feb 11, 2017, 22:39
Josh Blackman, a professor at South Texas College of Law in Houston, said the "million-dollar question" is whether the Trump administration would appeal to the Supreme Court. Trump laid out his "America first" agenda, and put his country and the world on notice that he is going to do things his way, without apology or intimidation from those who disagree with him. Notably, a federal appeals court in Brooklyn, NY has also issued a nationwide stay of the executive order for certain people that will last at least until February 21, when the parties next appear in court. The new directive could come Monday or Tuesday, Trump added.
The White House directive had suspended the nation's refugee programme and barred all entries from seven Muslim-majority countries. If the high court fails to intervene, the case would return to U.S. District Judge James Robart in Seattle.
"The 9th Circuit Court of Appeals just said, 'No you can't, ' to the Trump Administration and its un-American travel and refugee bans", said New York City mayor Bill de Blasio. Trump's style and demeanour are what we should embrace, without the fear-mongering threats, intimidation and violence some people and groups engage in.
The decision, of course, was not a final and binding decision that the Trump executive order is actually unconstitutional; it was limited to whether the states were - at a minimum - likely to win on the constitutional claim when that is decided in a final and binding way.
University of California, Irvine Law School Dean Erwin Chemerinsky said it was hard to predict whether the Supreme Court would review the decision. President Trump never re-issued the Executive Order; all that was sent out was a qualifying statement by the White House Counsel.
A White House official initially suggested the administration would not ask the Supreme Court to overturn that order.
The President's remarks came after a three-judge bench of the 9th US Circuit Court of Appeals in San Francisco refused to reinstate his controversial travel ban on Thursday.
Trump quickly reacted to the ruling on Twitter with more bombast than usual, the social media equivalent of yelling at the top of his lungs: "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"
"And, in addition to that, we're pursuing executive orders right now that we expect to be enacted soon that will further protect Americans from terrorism".
The big question is whether the White House will decide to refine the order as it continues to wage a defense in court.
The other reason for Trump to go to the Supreme Court is that he has said publicly said he would do so. "No foreigner has a constitutional right to enter the United States and courts ought not second-guess sensitive national-security decisions of the president", said Sen.
Trump has yet to nominate a candidate to be solicitor general, the lawyer who argues before the Supreme Court on behalf of the United States. For example, the government hasn't shown that it complies with due process, by giving those affected notice or a hearing before restricting their ability to travel.