Supreme Court Tie Means Trouble For Executive Order
- Author: Leroy Wright Feb 11, 2017,
Feb 11, 2017, 22:24
Meanwhile, the Washington Times reports that the State Department has more than doubled the rate of refugees from Iraq, Syria and other suspect countries in the week since the president's travel ban was blocked.
The motions panel of a USA federal appellate court ruled Thursday against reinstating the travel ban in a presidential executive order. He told the judges when the ban was in place it caused "irreparable harm" to Washington state.
Protesters at JFK airport after Trump's executive order barring travel from seven predominantly Muslim countries. It attracted a huge audience.
The 9th Circuit judges found fault with both the administration's argument that the ban was motivated by fears of terrorism and the states' arguments that the ban targeted Muslims.
Here's what Washington state Attorney General Bob Ferguson had to say. The judge already has set the schedule to proceed on a motion by the states for a preliminary injunction, and ordered a briefing schedule that will run through February 17.
"The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States", the opinion stated.
Two members of three-judge panel that ruled were appointed by former Democratic Presidents Jimmy Carter and Barack Obama, and one was appointed by former President George W. Bush.
They judges also did not shy away from the constitutional questions raised by the order, rejecting the administration's claim of presidential authority, questioning its motives and concluding that the order was unlikely to survive legal challenges.
The executive order, issued late last month, bars citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, from entering the USA for the next three months in what the White House says is an effort to combat terrorism.
In a brief, impromptu appearance in the West Wing after the 3-0 decision by a federal appellate court panel came down, Trump did not specify what his administration's next legal steps would be. The unfortunate part is that it takes time statutorily, but we will win that battle.
The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. "No one can be sure until the administration changes the executive order that it won't again be applied".