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to Section One | to Arts & Entertainment
posted Friday, February 10, 2017 - Volume 45 Issue 06
Loser! 9th Circuit rules against Trump Muslim ban
Section One
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Loser! 9th Circuit rules against Trump Muslim ban

by Mike Andrew - SGN Staff Writer

A three-judge panel of the 9th Circuit Court of Appeals unanimously rejected the Trump administration's request for a stay delaying a district judge's order allowing travelers from banned countries to enter the United States.

US District Judge James Robart of Seattle ruled on February 3 that immigration and customs officials nationwide may not enforce Trump's executive order barring travelers from seven Muslim-majority countries.

The Trump administration asked Robart for a stay pending appeal but he refused. The administration then turned to the 9th Circuit, but that court has now turned him down as well.

The effect of the 9th Circuit decision is that entry into the United States remains as it was before Trump's intervention: US citizens, green card holders, and visa holders may enter at will, and refugees may enter after legal vetting.

The 9th Circuit rejected the Trump administration's arguments that the states of Washington and Minnesota lacked standing to bring the original lawsuit. The fact that students and workers residing in the two plaintiff states were swept up in the Trump ban was sufficient to establish harm, the circuit court ruled.

On the subject of the stay - which would have allowed the ban to remain in place until a court could decide the case on its merits - the 9th Circuit said that its decision was 'guided by four questions: '(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'

On each question, the court ruled against the Trump administration.

Trump was quick to react. In an all-caps tweet written within minutes of the court's announcement, he promised 'SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!'

Trump may now appeal for an en banc hearing by the full 9th Circuit, or he may ask the Supreme Court to review his lawyers' request for a stay.

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