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potinsnews.com March 25, 2017


Federal Judges Refuse To Reinstate Trump's Travel Ban

11 February 2017, 12:37 | Jamie Ballard

Source Getty

US-TRUMP-POLITICS

During the hearing, judges expressed skepticism of the Justice Department's claim the executive order was justified and that courts should not be challenging the president's assessment of national security risks. The state argues that the central provisions of Trump's executive order - barring citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen from entering the U.S. for 90 days and temporarily cutting off refugee admissions - are unconstitutional. A USA federal appeals court heard oral arguments Tuesday about one of President Donald Trump's executive orders but withheld an immediate decision on the travel ban imposed on citizens of seven Muslim-majority countries.

Trump was quick to respond to the ruling on Twitter Thursday evening.

One option would be to try to file a "petition for rehearing en banc", which would seek a reexamination of the case by a larger panel of 9th Circuit judges in the hopes that they would reverse their colleagues' decision.

Moments after the ruling, Trump tweeted, "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!".

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In what appears to be a major setback for Trump, who is in the fourth week of the presidency, the three-judge panel unanimously denied the Trump administration request with 3-0, to reinstate the ban on an emergency basis, upholding the decision given by Seattle judge.

Furthermore, the judges agreed with the state of Washington that Trump's past support for a "Muslim ban" may be used as evidence of discrimination in the executive order. The decision is likely to be appealed in the US Supreme Court.

The tech industry came out in full force against the ban, filing a brief signed by many of Silicon Valley's biggest companies, supporting a challenge to the president's order.

Instead, the appeals judges teed up the issue for further review, saying it's "well established" that evidence outside the text of a law can be considered in cases that consider these "significant constitutional questions". There have no fatal attacks on US soil by people from the seven countries since 9/11. The Justice Department is nearly certain to appeal, and the case is likely to make its way to the U.S. Supreme Court, though the appeals process could take over a year to get there.



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