A federal appeals court ruled unanimously against the travel ban maintaining the halt on President Trump’s Executive Order on immigration. The ruling, issued by three judges on the ninth circuit court of appeals, allows entry of citizens and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen into the U.S.
“The Government does not merely argue that courts owe substantial deference to the immigration and national security policy determinations of the political branches — an uncontroversial principle that is well-grounded in our jurisprudence. Instead, the Government has taken the position 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 … There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.”
The Justice Department could now ask the Supreme Court to intervene. However, The Supreme Court remains one justice short, and thus could end in a tie (4-4) which would keep in place whatever the appeals court decides.
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