February 6, 2017

Appeals Court Rejects Request to Immediately Restore Travel Ban

By the C|C Whistleblower Lawyer Team

Early Sunday morning a federal appeals judge on the United States Court of Appeals for the Ninth Circuit rejected a request by the Department of Justice (“DOJ”) to immediately restore the travel ban signed by President Trump pending appeal of federal Judge James Robart’s decision overturning the ban. The ruling meant that the Department of Homeland Security was compelled to allow into the country people with valid visas from the seven countries affected by President Trump’s executive order.

DOJ argued that the President had an “unreviewable authority” to suspend the entry of any class of foreigners and that Judge Robart’s ruling was too broad. DOJ further argued that blocking the executive order “immediately harms the public by thwarting enforcement of an Executive Order issued by the President, based on his national security judgement.” The Ninth Circuit rejected the call for a stay on Judge Robart’s decision and asked for further briefing from both sides.

Prior to the Ninth Circuit ruling, President Trump reacted to Judge Robart’s decision on Saturday tweeting “the opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” President Trump further commented on the government’s appeal while attending the Red Cross gala at Mar-a-Lago saying “We’ll win, for the safety of the country, we’ll win.

This battle over President Trump’s travel ban may continue all the way to the Supreme Court, which can present its own issues with the Court currently at eight members and the Senate not beginning hearings and deliberations on Supreme Court nominee Judge Neil M. Gorsuch for another six weeks.

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