Trump Loses Bid to Pause Seattle Lawsuit Over Travel Ban
- Author: Larry Hoffman Feb 14, 2017,
Feb 14, 2017, 13:07
Here's a look at where the legal fight goes from here.
On Air Force One, Trump said, "We will perhaps do that". While an emergency appeal to the supreme court is possible, the current vacancy at the highest court in the land could frustrate a swift resolution. Last Thursday, the the 9th Circuit three-judge panel upheld that temporary restraining order, which means the executive order will remain suspended.
The Justice Department could still rush to have the Supreme Court intervene and reinstate the ban in the short term. "We have had decision which we think will be very successful with, it shouldn't have taken this much time because safety is a primary reason", Mr. Trump said.
But on Monday Robart denied a request by the Justice Department to delay a suit aimed at the ban while the 9th Circuit decides on a course of action, saying Trump himself had said his order was urgent.
So, what else could happen next? .
If that vote succeeds, the en banc court would assume control over the case.
The 9th Circuit appeals court is now deciding whether to take another vote on whether to overturn Judge James Robart's temporary halt on Trump's executive order - a refusal that caused the president to furiously tweet 'SEE YOU IN COURT!'
So, the restraining order halting the ban will continue, but it's still temporary and hasn't resolved broader questions about the legality of Trump's order.
The president on Friday focused his attention on his policy goals, rather than the government's legal setback, and he did not repeat his suspicions, expressed earlier in the week, that the "so-called judge" in the district court was politically motivated. That may improve Trump's chances to prevail on appeal.
Miller's remarks come not long after Supreme Court nominee Neil Gorsuch's team walked back reports that he'd tepidly criticized Trump's ongoing attacks on judicial independence after the President reacted angrily to the story on Twitter.
Lawsuits against the ban have been launched in 14 states. The executive order created widespread disruption in immigration and was met with protests. We also have a lot of other options, including filing a brand new order.
Up to 60,000 visas were initially cancelled in the wake of the ban - affecting the lives of students, professors and workers.
A White House official has attacked the USA appeals court over its suspension of the President's immigration ban, which could require backing evidence if it goes to the Supreme Court.
"The government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the executive order signed by the president", the opinion said.
He has not yet said what that order may involve.
What's being said about the court's decision to halt the ban? .
"We'll be doing something very rapidly having to do with additional security for our country".
Trump Sunday praised the actions by Immigration and Customs Enforcement officers for the recent "enforcement surge" that officials say is targeting immigrants who are in the country illegally and have criminal records.