The Trump administration sent out a request to resume his executive order that banned seven Muslim-majority nations from entering the country. That request was denied by a San Francisco-based appeals court on Thursday. This sets up a possible shutdown in the Supreme Court.
The United States Court of Appeals for the Ninth Circuit had a unanimous ruling that a nationwide restraining order against President Trump’s executive order may continue while a federal judge considers a lawsuit over the policy.
“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,” the three judge panel wrote.
The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”
The administration now has the power to ask the Supreme Court to intervene as soon as possible. Many legal experts are already saying this is likely to happen.
Trump tweeted shortly after the ruling was announced that foreshadowed a lengthy legal challenge.
Trump has lashed out at the courts before and has become frustrated. Earlier this week he criticized them for not removing the restraint from his executive order.
“I don’t want to call a court biased, so I won’t call it biased,” the president said at a gathering of the Major Cities Chiefs Association in Washington. “Courts seem to be so political and it would be so great for our justice system if they could read a statement and do what’s right.”