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Court Upholds Ruling Against Trump’s Travel Ban, Lengthy Legal Battle Likely

by Countable | 3.20.17

The Ninth Circuit Court of Appeals has upheld the temporary restraining order blocking President Donald Trump’s executive order that suspended immigration from seven Muslim majority countries. The Trump administration had appealed to reinstate the travel ban.

The court’s ruling focused on two issues — whether the states of Minnesota and Washington had standing to bring the suit, and whether the court had the authority to review the executive order. The ruling was unanimous in affirming those issues, but didn’t make a decision about the executive order’s constitutionality.

President Donald Trump, in trademark fashion, took to Twitter in the aftermath of the ruling:

It’s not clear which court the administration will look to seek a restoration of the travel ban in. They could move forward with planned hearings in district court, seek an en banc hearing before the Ninth Circuit Court — which is an emergency rehearing — or seek expedited consideration before the U.S. Supreme Court.

Until the vacant ninth seat on the Supreme Court is filled by Trump’s nominee, Judge Neil Gorsuch or another justice, the potential for a 4-4 deadlock exists. If a 4-4 tie happened, it would reaffirm the ruling of the Ninth Circuit Court. In the meantime, the court’s moratorium will remain in effect while its legality is considered.

— Eric Revell

(Photo Credit: Dancgreer (Daniel Clayton Greer) / Creative Commons)

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(565)
  • Noelle
    02/10/2017
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    Our judicial branch has successfully demonstrated its responsibility to check and balance the power of the executive branch, it's time for Congress to do so as well, we are a democracy, not a dictatorship.

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  • Reg
    02/10/2017
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    I fully support the 9th Circuit Court of Appeals' unanimous decision to reject the administration's immigration band. This is contrary to our Nation's foundational principles, and further risks isolating us from Muslims the world over. @POTUS' executive order directly emboldens ISIS' anti-American sentiments and recruitment efforts through our reinforcement of blatant Islamophobia and isolationism; it creates a vacuum for the enemy to fill. Further, one cannot explain why nations with direct ties to terrorism on American soil were not included in the ban- unless, of course, there are ulterior interests and motives unbeknownst to the American people.

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  • Torey
    02/10/2017
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    This is what America looks like. This is fighting for our values. And we will keep fighting however long it takes.

    Like (27)
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  • ThinkIndependently
    02/11/2017
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    I'm more afraid of the Republican Party right now than I am of any potential terrorist.

    Like (26)
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  • Mike
    02/10/2017
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    This was a victory for the constitution of the United States and the system of checks and balances

    Like (26)
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  • Gary
    02/10/2017
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    At least one branch of government is working for us!

    Like (24)
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  • RobinKay
    02/10/2017
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    Finally...sanity in at least one branch of our government.

    Like (21)
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  • Andre
    02/10/2017
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    Checks and Balances at work! This is the REAL America!

    Like (20)
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  • CareAK
    02/10/2017
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    At least one branch of government is working for us!

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  • Catherine
    02/12/2017
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    How much is this unconstitutional maneuvering going to cost us? Between this, added security in Manhattan, and the wall, I wonder how "fiscal conservatives" could possibly rationalize this.

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  • Kassi
    02/10/2017
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    Thank You 9th Circuit. You Did your job...not because of political bias but because you understand Constitutional Law. I'm sad to hear you need extra security because your names have been tarnished and there are those who want to hurt you. This is not the America we want.

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  • Jmsz80
    02/10/2017
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    Please speak out in support of the courts ruling. It is important for the public to understand that this is the appropriate action from the judicial branch of our government.

    Like (15)
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  • Amy
    02/10/2017
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    So glad the courts have ruled against Trump and for the US constitution! This is the first legal victory against Trump's administration and I hope it reflects the power of our checks and balances as a democracy. I was beginning to lose faith.

    Like (14)
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  • Judson
    02/10/2017
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    Nice to see that there is still at least one branch of government willing to stand up to trump.

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  • Ethan
    02/10/2017
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    Remember Marbury v. Madison, which established the power of the court to review acts and laws and examine their constitutionality? Kind of super important. Trump is arguing that he is immune to judicial review, which threatens to undermine the checks and balances system. He does not have unfettered power, and he needs to know that.

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  • Brian
    02/10/2017
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    Another good use of tax payer dollars and governmental resources. By the time the judicial process finishes, there could have been review of the procedure and more diplomatically approached improvements to the system. We need effective government, not something that resembles reality TV.

    Like (11)
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  • Jmcruz
    02/10/2017
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    I'm thankful the judicial branch has maintained their integrity and commitment to rule of law. Please support the 9th Circuit ruling.

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  • Jazmin
    02/10/2017
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    I'm so pleased with this ruling. We need to demonstrate to Trump and his cronies that we are indeed a nation of laws.

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  • Christina ordiway
    02/10/2017
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    A nice dose of sanity in an insane time, thanks to these judges for doing their jobs.

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  • Theresa
    02/10/2017
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    Thank goodness Trump can't buy the judicial system.. Thank you for abiding by the constitution & also thank you to the civil rights lawyers coming to action as they did.

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