(KRON) — The 9th Circuit Court of Appeals in San Francisco has ruled against President Trump’s travel ban.
A federal appeals court in San Francisco has refused to reinstate President Donald Trump’s ban on travelers from seven predominantly Muslim nations.
The 9th U.S. Circuit Court of Appeals on Thursday wouldn’t block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.
U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The Justice Department appealed to the 9th Circuit.
Government lawyers argued that the ban was a “lawful exercise” of the president’s authority and that the seven countries have raised terrorism concerns.
The states said Trump’s executive order unconstitutionally blocked entry based on religion.
U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation’s refugee program and immigration from countries that have raised terrorism concerns.
Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.
The states said Trump’s travel ban harmed individuals, businesses and universities. Citing Trump’s campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.
Both sides faced tough questioning during an hour of arguments Tuesday conducted by phone — an unusual step — and broadcast live on cable networks, newspaper websites and social media. It attracted a huge audience.
The judges hammered away at the administration’s claim that the ban was motivated by terrorism fears, but they also challenged the states’ argument that it targeted Muslims.
“I have trouble understanding why we’re supposed to infer religious animus when, in fact, the vast majority of Muslims would not be affected,” Judge Richard Clifton, a George W. Bush nominee, asked an attorney representing Washington state and Minnesota.
Only 15 percent of the world’s Muslims are affected by the executive order, the judge said, citing his own calculations.
“Has the government pointed to any evidence connecting these countries to terrorism?” Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked the Justice Department attorney.
The lower-court judge temporarily halted the ban after determining that the states were likely to win the case and had shown that the ban would restrict travel by their residents, damage their public universities and reduce their tax base. Robart put the executive order on hold while the lawsuit works its way through the courts.
After that ruling, the State Department quickly said people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — with valid visas could travel to the U.S. The decision led to tearful reunions at airports around the country.
The Supreme Court has a vacancy, and there’s no chance Trump’s nominee, Neil Gorsuch, will be confirmed in time to take part in any consideration of the ban.
The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. The administration also could change the executive order, including changing its scope or duration.
Trump responded on Twitter shortly after the ruling:
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Nancy Pelosi has issued the following statement on the ruling:
Baltimore – Democratic Leader Nancy Pelosi released the following statement after the 9th Circuit Court of Appeals unanimously refused to lift the nationwide halt on President Trump’s executive order banning refugees and citizens from seven Muslim countries:
“The 9th Circuit’s unanimous ruling is a victory for our Constitution and our fight against terrorism. National security experts have urgently warned us that the President’s ban is not just immoral and unconstitutional, but downright dangerous.
“This Administration’s recklessness has already done significant harm to families, and undermined our fight against terror. For the sake of our values and the security of America, Democrats will continue to press for President Trump’s dangerous and unconstitutional ban to be withdrawn.”