SUPREME SHOWDOWN: Trump refugee order halted by 9th Circuit
February 10, 2017
The halt on President Trump’s immigration order has been kept in place by the 9th U.S. Circuit Court of Appeals.
(WASHINGTON, DC) The 9th U.S. Circuit Court of Appeals declined to overturn a district court order temporarily barring enforcement of key provisions of the president’s executive order on refugees late Thursday, raising the prospect of a dramatic appeal to the Supreme Court.
The 9th Circuit did not assess the constitutionality of the order. Rather, their task was to decide whether the order would remain in effect while the courts review it on the merits.
The unanimous, unsigned opinion for the three-judge panel concluded the government had failed to demonstrate that they would likely prevail on the merits and suffer irreparable harm if Robart’s order was allowed to stand, as is necessary at this stage of the litigation.
President Donald Trump promised to fight on in a defiant tweet minutes after the decision was released.
During oral argumentsTuesday, government lawyers argued that mass migration from areas of the world with high instances of terrorism presented a threat to the nation’s security, and that courts ought to defer to the president’s national security determinations. In one remarkable exchange, the government’s advocate claimed the president’s national security findings could not be reviewed by the courts.
The 9th Circuit rejected that argument out of hand.
Eight of out of 10 cases from the 9th Circuit reviewed by the Supreme Court are overruled, according to a 2010 analysis published by the American Bar Association. The 9th Circuit, which is known for its liberal tendencies, has the second-highest reversal rate of the 13 appellate courts below the Supreme Court.
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