The short version of the ruling from the U.S. Court of Appeals is that the Government can’t ban people from coming into the country based on the principle of “because we say so.”
A US appeals court has rejected President Donald Trump’s attempt to reinstate his ban on visitors from seven mainly Muslim countries.
The 9th US Circuit Court of Appeals said it would not block a lower-court ruling that halted the order.
Mr Trump responded with an angry tweet saying national security was at risk and there would be a legal challenge.
But the unanimous 3-0 ruling said the government had not proved the terror threat justified the ban.
“The government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States,” the ruling said.
It also rejected the argument that the president had sole discretion to set immigration policy.
“Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all,” said the ruling. “We disagree, as explained above.”
Donald Trump’s lawyers did not make their case. In fact, according to three Ninth Circuit judges, they didn’t even really try to make their case. Rather than explaining why the temporary travel ban was needed, the administration argued that the president’s authority on immigration was so sweeping that they didn’t have to explain why the order was necessary.
According to the court, the government was unable to say why Mr Trump’s ban addressed a pressing national security threat that a temporary stay of the order would worsen. The lawyers for the challenging states, on the other hand, convinced the judges that re-imposing the order at this point would create further chaos by infringing on the due process rights of those on US soil, regardless of their immigration status.
By issuing a unanimous, unsigned opinion, the judges avoid accusations of partisan bias, as one of the three was a Republican appointee.
Mr Trump tweeted a sharp “SEE YOU IN COURT” following the decision.
The case will most likely go to the Supreme Court, and it will take a vote of five of the justices to overturn the lower court ruling. Since there are only eight justices on the court — four liberal and four conservatives — chances aren’t too good that Trump will prevail. In fact, that’s one of the reasons the court ruled to uphold the lower court: the Government did not prove that it would likely prevail.
In the spirit of our fearless leader, “NEENER NEENER.”