Ninth Circuit and the Immigration Order: One Thing Missing
- Author: Leroy Wright Feb 11, 2017,
Feb 11, 2017, 9:54
US Ninth Circuit dealt another setback to Trump's effort to ban immigration from seven predominantly Muslim countries. But a potential roadblock emerged late Thursday, when a judge on the 9th Circuit Court of Appeals in San Francisco asked for the case to be heard by the full court of appeals, setting a deadline of next Thursday for arguments on that question.
The appellate decision brushed aside arguments by the Justice Department that the president has the constitutional power to restrict entry to the United States and that the courts can not second-guess his determination that such a step was needed to prevent terrorism.
"We have a situation where the security of our country is at stake and it's a very, very serious situation, so we look forward.to seeing them in court", Trump said right after the ruling. If the court were to deadlock in the case it would leave the Ninth Circuit's ruling in place.
During the hearing on Tuesday, the appeals judges pressed August Flentje, the Justice Department attorney representing the Trump administration, for any evidence supporting the claim that people from the seven countries listed in the executive order pose a great risk. "We need speed for reasons of security, so it very well could be". "We will not allow people into our country who are looking to do harm to our people". As I understand it, the executive branch has the statutory authority to regulate immigration, including excluding citizens of nations on the basis of national interest. Trump probably uses the official White House Twitter account to retweet things that matter to the nation, like Nordstrom's "unfair" treatment of a certain Ivanka Trump.
A temporary restraining order halting the ban was issued last week by US District Judge James Robart in Seattle, after Washington state and Minnesota challenged the order.
"This decision will have a lot more public credibility because it is unanimous, and I think it complicates the Trump administration's attempt, if they choose to make it, to disparage this decision as a political act", Toobin said. Of course, if he's not hankering for a fight, President Trump could simply rewrite the order and accomplish much of what he wanted.
The Justice Department can also file a Petition for Writ of Certiorari which can be granted by four Supreme Court justices, although multiple experts told ABC News this would be extremely unlikely.
The professor said other courts could enter the fray, and in time the makeup of the Supreme Court could change. The man who will lead Trump's fight at the helm of the department, Jeff Sessions, was sworn in as U.S. attorney general on Thursday.