Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss - nytimes
WASHINGTON — A federal appeals panel on Thursday unanimously rejected President Trump’s bid to reinstate his ban on travel from seven largely Muslim nations, a sweeping rebuke of the administration’s claim that the courts have no role to act as a check on the president.
The three-judge panel, suggesting that the ban did not advance national security, said, for instance, that the administration had pointed to “no evidence” that anyone from the seven nations had committed terrorism in the United States.
The ruling also rejected the administration’s claim that courts are powerless to review a president’s national security determinations. Judges have a crucial role to play in a constitutional democracy, said the decision by the United States Court of Appeals for the Ninth Circuit, in San Francisco.
“It is beyond question,” the unsigned decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”
The court acknowledged that Mr. Trump was owed deference on his immigration and national security policy determinations, but it said he was asking for something more.
“The government has taken the position,” the decision said, “that the president’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections.”
Within minutes of the ruling, Mr. Trump angrily vowed to reporters at the White House and in a Twitter message to appeal the decision to the Supreme Court.
“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” Mr. Trump wrote on Twitter.
He told reporters that the ruling was “a political decision” and predicted that his administration would win an appeal “in my opinion, very easily.” He said he had not yet conferred with his attorney general, Jeff Sessions, on the matter. - Read More