The ruling, the first from an appeals court on the travel ban, is likely to be quickly appealed to the short-handed U.S. Supreme Court
WASHINGTON A federal appeals panel on Thursday unanimously rejected President Trumps bid to reinstate his ban on travel from seven largely Muslim nations, a sweeping rebuke of the administrations claim that the courts have no role to act as a check on the president.
The three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that a Seattle federal judges earlier restraining order on the new policy should remain in effect while the judge further examines its legality.
The panel, suggesting the ban did not advance national security, said that the administration had pointed to no evidence that anyone from the seven nations had committed terrorism in the United States.
New U.S. senator:Luther Strange, Alabamas attorney general, was sworn in Thursday to fill the Senate seat left empty by Jeff Sessions, tapped by President Trump to be the nations top law-enforcement officer. Sen. Orrin Hatch, R-Utah, administered the oath to Strange, a Republican and former Washington lobbyist. Strange, 63, joins the Senate after Sessions confirmation as U.S. attorney general Wednesday night. Strange, sometimes referred to as Big Luther because of his 6-foot-9 frame, said last year that he intended to run for the Senate seat regardless of whether he got the interim appointment.
Abe visit: Trump is personally paying the tab for Japanese Prime Minister Shinzo Abes visit to the Trump-owned Mar-a-Lago resort in Palm Beach, Fla. That is a gift that the president is extending to the prime minister, White House spokesman Sean Spicer said in response to questions about the ethical dilemma of having a world leader stay at one of the Trump hotels.
Only Abe no other member of the Japanese delegation will be staying at Mar-a-Lago, Spicer said. They will stay out in town with the rest of the staff, he said.
Seattle Times news services
The ruling also rejected the administrations claim that courts are powerless to review a presidents national-security determinations. Judges have a crucial role to play in a constitutional democracy, said the decision by the panel 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 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 presidents 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, 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! Trump wrote on Twitter.
He said the ruling was a political decision and predicted his administration would win an appeal in my opinion, very easily. He said he had not conferred with his attorney general, Jeff Sessions, on the matter.
Washington state Gov. Jay Inslee, who has sharply criticized Trump and has been emphatic in his embrace of refugee resettlement in the U.S., called the ruling a reaffirmation of the checks-and-balances system that we hold dear.
I just saw a tweet from the president; he said, See you in court, Inslee said. Well, Mr. President, we just saw you in court, and we beat you, and you ought to think about this.
The Supreme Court remains short-handed and could deadlock. A 4-4 tie there would leave the appeals courts ruling in place.
Washington state Attorney General Bob Ferguson, who brought the lawsuit, declared complete victory.
No one is above the law, not even the president, Ferguson, a Democrat, said at a news conference. The president should withdraw this flawed, rushed and dangerous executive order, which caused chaos across the country.
U.S. Rep. Dave Reichert, a Republican from Auburn, Wash., also seemed to indicate that Trump needed to adjust policy, in cooperation with the legislative branch.
The way the Executive Order was developed and implemented did not uphold our values and disrupted the lives of many individuals who legally deserve to be here, Reichert said in a statement. Congress and the Administration must work together to implement legislation that keeps Americans safe while respecting religious freedom and creating a way forward for those who wish to come here legally and contribute to our communities.
The travel ban, one of the first executive orders Trump issued after taking office, suspended worldwide refugee entry into the United States. It also barred visitors from seven Muslim-majority nations for up to 90 days to give federal security agencies time to impose stricter vetting processes.
Immediately after it was issued, the ban spurred chaos at airports nationwide as hundreds of foreign travelers found themselves stranded at immigration checkpoints, and protests erupted against a policy that critics derided as un-American. The State Department said up to 60,000 foreigners visas had been canceled in the days immediately after the ban was imposed Jan. 27.
Trial judges around the country have blocked aspects of Trumps executive order, but no other case has yet reached an appeals court.
Thursdays decision reviewed a ruling issued last Friday in Seattle by Judge James Robart. Robart blocked the key parts of the order, allowing immigrants and travelers who had been barred entry to come into the United States.
That case, filed by the states of Washington and Minnesota, is at an early stage, and the appeals court ruled on the narrow question of whether to stay the lower courts temporary restraining order blocking the travel ban.
In rejecting the administrations request for a stay, the court said, The government submitted no evidence to rebut the states argument that the district courts order merely returned the nation temporarily to the position it has occupied for many previous years.
The court said the government had not justified suspending travel from the seven countries. The government has pointed to no evidence, the decision said, that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.
The three members of the panel were Judge Michelle Friedland, appointed by President Obama; Judge William Canby Jr., appointed by President Carter; and Judge Richard Clifton, appointed by President George W. Bush.
They said the states were likely to succeed in their case because Trumps order appeared to violate the due-process rights of lawful permanent residents, people holding visas and refugees.
The court said the administrations legal position in the case had been a moving target. It noted that Donald F. McGahn II, the White House counsel, had issued authoritative guidance several days after the executive order came out, saying it did not apply to lawful permanent residents. But the court said that we cannot rely on that statement.
The White House counsel is not the president, the decision said, and he is not known to be in the chain of command for any of the executive departments. Moreover, in light of the governments shifting interpretations of the executive order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings.
In its briefs and in the arguments before the panel Tuesday, the administrations position evolved. As the case progressed, the administration supplemented its request for categorical vindication with a backup plea for at least a partial victory.
At most, a Justice Department brief said, previously admitted aliens who are temporarily abroad now or who wish to travel and return to the United States in the future should be allowed to enter the country despite the ban.
The court rejected that request, saying that people in the United States without authorization have due-process rights, as do citizens with relatives who wish to travel to the United States.
The court discussed but did not decide whether the executive order violated the First Amendments ban on government establishment of religion by disfavoring Muslims.
It noted that the states challenging the executive order have offered evidence of numerous statements by the president about his intent to implement a Muslim ban. And it said, rejecting another administration argument, that it was free to consider evidence about the motivation behind laws that draw seemingly neutral distinctions.
The court said it would defer a decision on the question of religious discrimination. In light of the sensitive interests involved, the pace of the current emergency proceedings, and our conclusion that the government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim, the decision said, we reserve consideration of these claims.
World Relief, one of the agencies that resettles refugees in the United States, is scheduled to receive 275 newcomers in the next week, many of whom will be reunited with relatives. The agency will arrange for housing and jobs for the refugees in cities including Seattle; Spokane, Wash.; and Sacramento, Calif.
We have families that have been separated for years by terror, war and persecution, said Scott Arbeiter, president of the organization. Some family members had already been vetted and cleared and were standing with tickets, and were then told they couldnt travel. So the hope of reunification was crushed, and now they will be admitted. Thats fabulous news for those families.
The court ruling did not affect one part of the executive order: the cap of 50,000 refugees to be admitted in the 2017 fiscal year. That is down from the 110,000 ceiling put in place under Obama. The order also directed the secretary of state and the secretary of homeland security to prioritize refugee claims made by persecuted members of religious minorities.
As of Thursday, that means the United States will be allowed to accept only about 16,000 more refugees this fiscal year. Since Oct. 1, the start of the fiscal year, 33,929 refugees have been admitted, 5,179 of them Syrians.
Read the original:
A closer look at the appeals-court panel's travel-ban ruling - The Seattle Times
- Freedom Caucus: The Fight Club of Congress - The Christian Science Monitor - September 29th, 2023 [September 29th, 2023]
- History shows a better strategy than shutdown for reducing the deficit - MinnPost - September 29th, 2023 [September 29th, 2023]
- Haake: For the freedom caucus, chaos is the point - Chicago Tribune - September 29th, 2023 [September 29th, 2023]
- Appeals court sets hearing date on Missouri abortion rights initiative ... - Missouri Independent - September 29th, 2023 [September 29th, 2023]
- Things to Know About the Billionaire Card - a Diamond-Encrusted ... - CEOWORLD magazine - September 29th, 2023 [September 29th, 2023]
- Report on Countries that are Candidates for Millennium Challenge ... - Millennium Challenge Corporation - August 28th, 2023 [August 28th, 2023]
- The Freedom Caucus' shutdown threat recalls tactics of past House ... - NPR - August 28th, 2023 [August 28th, 2023]
- Opinion | Joe Biden op-ed: 60 years after March on Washington, we ... - The Washington Post - August 28th, 2023 [August 28th, 2023]
- Universal Basic Income: Fiscal fantasy or AI necessity? - talkbusiness.net - August 28th, 2023 [August 28th, 2023]
- Hurtling toward a fiscal cliff - POLITICO - POLITICO - August 28th, 2023 [August 28th, 2023]
- Governor Glenn Youngkin - Virginia Governor Ralph Northam - Proclamation - August 28th, 2023 [August 28th, 2023]
- New Zealand - The Heritage Foundation - January 4th, 2023 [January 4th, 2023]
- Singapore Economy: Population, GDP, Inflation, Business, Trade, FDI ... - January 4th, 2023 [January 4th, 2023]
- Mexico Economy: Facts, Population, GDP, Corruption, Business, Trade ... - December 12th, 2022 [December 12th, 2022]
- Economic liberalism - Wikipedia - November 7th, 2022 [November 7th, 2022]
- Don't ask, don't tell - Wikipedia - October 15th, 2022 [October 15th, 2022]
- In first debate, Healey and Diehl clash over the economy, abortion and Trump - WBUR News - October 15th, 2022 [October 15th, 2022]
- Election 2022: What to know about California propositions - Visalia Times-Delta and Tulare Advance-Register - October 15th, 2022 [October 15th, 2022]
- Vice President Kamala Harris calls on Texans to protect reproductive and voting rights during Austin visit - 25 News KXXV and KRHD - October 15th, 2022 [October 15th, 2022]
- How Republicans in the Rio Grande Valley are using faith to draw in Latino voters - CBS News - October 15th, 2022 [October 15th, 2022]
- Letter to the editor: Pierce will work for values that matter to Senate District 25 - Press Herald - September 20th, 2022 [September 20th, 2022]
- Letter to the editor: Left needs heads examined - Washington Times - September 20th, 2022 [September 20th, 2022]
- Book Banning, Curriculum Restrictions, and the Politicization of U.S. Schools - Center For American Progress - September 20th, 2022 [September 20th, 2022]
- Judge considers halting enforcement of Indiana's near-total abortion ban - The Times of Northwest Indiana - September 20th, 2022 [September 20th, 2022]
- Texas Youth Summit draws conservative to plot the culture war - The Texas Tribune - September 20th, 2022 [September 20th, 2022]
- The Weight of Trump - The Atlantic - September 20th, 2022 [September 20th, 2022]
- Tanzania and Zambia want to upgrade the 'Uhuru Railway' but can they? - The Conversation Indonesia - September 20th, 2022 [September 20th, 2022]
- Power games: Plans to shift to a centralised market in power sector must take into account concerns of all stakeholders - The Indian Express - September 20th, 2022 [September 20th, 2022]
- Inside the Academic-Freedom Crisis That Roiled Florida's Flagship - The Chronicle of Higher Education - September 7th, 2022 [September 7th, 2022]
- Liz Trusss energy price cap handout will put her talent for U-turns to the test - The Guardian - September 7th, 2022 [September 7th, 2022]
- FM stresses joint Arab action to overcome regional crises - Jordan Times - September 7th, 2022 [September 7th, 2022]
- The contract of Nigerian citizenship and diaspora voting - Guardian Nigeria - September 7th, 2022 [September 7th, 2022]
- Study ranks Midland as top economic freedom area in Michigan - The Center Square - September 6th, 2022 [September 6th, 2022]
- Another Shocking Decline in Life Expectancy | The Fiscal Times - The Fiscal Times - September 6th, 2022 [September 6th, 2022]
- Liz Truss Has Been Elected As The New Prime Minister Of The United Kingdom. Replace Boris Johnson - Nation World News - September 6th, 2022 [September 6th, 2022]
- Why the Left Is Learning to Love the Military - The Atlantic - September 6th, 2022 [September 6th, 2022]
- Millions of dollars spent secretly at B.C. Legislature - theBreaker - theBreaker - September 6th, 2022 [September 6th, 2022]
- Economy forecast to grow by 7-7.5% in current fiscal Times of India - English Bharat Times - September 6th, 2022 [September 6th, 2022]
- The Union Government Is Arbitrarily Squeezing States Fiscal Freedom To Borrow - The Wire - August 15th, 2022 [August 15th, 2022]
- House Freedom Caucus calls on McCarthy, McConnell to reject 'lame duck' spending this fall - Fox News - August 15th, 2022 [August 15th, 2022]
- JAGs 7th and most ambitious season yet is titled 'The Freedom Practice' - Vermont Biz - August 15th, 2022 [August 15th, 2022]
- Why is the Michigan Medicine nurses' union abridging freedom of speech? - WSWS - August 15th, 2022 [August 15th, 2022]
- Board of Elections certifies recall effort to oust East Cleveland's mayor - News 5 Cleveland WEWS - August 15th, 2022 [August 15th, 2022]
- Bangabandhu's thoughts on economic freedom are still relevant - The Financial Express - August 15th, 2022 [August 15th, 2022]
- Overview: A Year of Taliban Rule in Afghanistan - Voice of America - VOA News - August 15th, 2022 [August 15th, 2022]
- Rochester enters the era of the $250,000 police officer - Rochester City Newspaper - August 15th, 2022 [August 15th, 2022]
- India aims to be developed nation in 25 years: Modi - Gulf Times - August 15th, 2022 [August 15th, 2022]
- EDITORIAL: Welcome to new thinker on the block - Coeur d'Alene Press - August 15th, 2022 [August 15th, 2022]
- Letters to the editor for Sunday, August 14, 2022 - News-Press - August 15th, 2022 [August 15th, 2022]
- The Serious Lack of Good Governance and Economic Freedom: Root Causes of Sri Lanka's Ongoing Turmoil - Heritage.org - July 27th, 2022 [July 27th, 2022]
- The FOIA backlog continued to grow last year - Federal News Network - July 27th, 2022 [July 27th, 2022]
- More money rolling into state's casinos, less tax being collected The Daily Gazette - The Daily Gazette - July 27th, 2022 [July 27th, 2022]
- EDITORIAL: Fentanyl, death by the dose - Washington Times - July 27th, 2022 [July 27th, 2022]
- Liz Truss's tax cuts are not inflationary - The Telegraph - July 27th, 2022 [July 27th, 2022]
- The UN wants to educate children it will succeed only if it feeds them first - The Guardian - July 27th, 2022 [July 27th, 2022]
- Sunburn The morning read of what's hot in Florida politics 7.27.22 - Florida Politics - July 27th, 2022 [July 27th, 2022]
- A first look at the medium-term fiscal program - BusinessWorld Online - July 19th, 2022 [July 19th, 2022]
- Financial Giants Reject West Virginia's Claims That They're Boycotting Fossil Fuels - The Epoch Times - July 19th, 2022 [July 19th, 2022]
- Five Waldo County towns ready to vote on broadband - Republican Journal - July 19th, 2022 [July 19th, 2022]
- Indian Navy expected to spend 70 pc of capital budget in domestic procurement this fiscal: Rajnath Singh - ThePrint - July 19th, 2022 [July 19th, 2022]
- NGO letter opposing T.42 amendments in appropriations - Government Accountability Project - July 19th, 2022 [July 19th, 2022]
- Digital services provided by foreign firms to be taxed from tomorrow - The Kathmandu Post - July 19th, 2022 [July 19th, 2022]
- Ayushman health ID card: A need for fine tuning! - Times of India - July 19th, 2022 [July 19th, 2022]
- Windfall tax on crude goes against incentive of more pricing freedom - The Financial Express - July 9th, 2022 [July 9th, 2022]
- Diversity, equity and inclusion update: June 2022 issue | CU Boulder Today - CU Boulder Today - June 29th, 2022 [June 29th, 2022]
- Menendez, Schiff alarmed that Biden again approves US military aid to Azerbaijan - Armenian Weekly - June 29th, 2022 [June 29th, 2022]
- Egypt is cozying up to Russia. It's time for the US to step in. - Atlantic Council - June 29th, 2022 [June 29th, 2022]
- PM to say to G7 leaders: We must keep up our resolve on Ukraine - GOV.UK - June 29th, 2022 [June 29th, 2022]
- Where have all the Christians gone? | News, Sports, Jobs - Williamsport Sun-Gazette - Williamsport Sun-Gazette - June 29th, 2022 [June 29th, 2022]
- President Biden waives Section 907 restrictions on US aid to Azerbaijan - Armenian Weekly - June 24th, 2022 [June 24th, 2022]
- Senate retirement bill benefits wealthy Americans - The Hill - June 24th, 2022 [June 24th, 2022]
- Ambassador Kierscht Interview with The Key - US Embassy in Mauritania - USEmbassy.gov - June 24th, 2022 [June 24th, 2022]
- Roe v. Wade overturned: How will it affect abortion access in Indiana - The Herald-Times - June 24th, 2022 [June 24th, 2022]
- Constricted devolution of fiscal power - The Kathmandu Post - June 22nd, 2022 [June 22nd, 2022]
- Public office and accountability issues in Nigeria - Daily Trust - June 22nd, 2022 [June 22nd, 2022]
- Shaheen, Portman Participate in Discussion Hosted by Dartmouth on Russia's Unprovoked Invasion of Ukraine | US Senator Jeanne Shaheen of New Hampshire... - June 22nd, 2022 [June 22nd, 2022]
- Congress Ignores Pressing National Business While It Obsesses on Jan. 6 - The Epoch Times - June 11th, 2022 [June 11th, 2022]
- Ukraine Economy: Population, GDP, Inflation, Business, Trade, FDI ... - June 11th, 2022 [June 11th, 2022]
- How would India fare on a modified misery index? Better than US & UK, worse than most others - ThePrint - June 11th, 2022 [June 11th, 2022]
- "Don't Want RBI To Become Extension Of Government": Ex CEA Arvind Subramanian - NDTV Profit - June 11th, 2022 [June 11th, 2022]