Updated Sunday, Feb. 4, 2017, 10:30 a.m. EST: Governmental policy now moves with the speed of a Williams-sisters tennis match. Today a federal appeals court denied the Justice Department’s request for an immediate reinstatement of President Donald Trump’s travel ban for certain travelers and refugees, which was instituted last week and halted by a federal judge on Friday.
As The Root reported Saturday, the Trump administration said that it would appeal the temporary order restraining the travel ban nationwide. Trump did this through his personal Twitter account, saying that the federal justice in Seattle who stopped his ban was a “so-called” judge and his decision was “ridiculous.”
The higher court’s denial of an immediate stay means that the legal battles over the ban will continue on for a few days at least. USA Today reports that the 9th U.S. Circuit Court of Appeals in San Francisco asked challengers of the ban to respond to the appeal, and for the Justice Department to file a counter-response, by Monday afternoon.
Trump appointee Acting Solicitor General Noel Francisco argued Saturday night that the president alone has the power to decide who can enter or stay in the United States. Less than a week ago, Trump fired the acting U.S. Attorney General Sally Yates because she would not enforce his travel ban.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.
As many have remarked, Trump is being denied his flurry of actions by the checks and balances that make the United States system of government what it is. Or, in other words, it looks as if our executive-order-signing POTUS has been foiled by that pesky judicial system once again.
Indeed, it makes the case that the choosing of the next Supreme Court justice is perhaps one of our most important actions as a nation.
Fresh on the heels of a federal judge temporarily blocking President Trump’s so-called Muslim ban, the White House vowed to overturn the ruling, portending a judicial showdown of epic proportions and leaving tens of thousands in limbo.
After federal Judge James Robart, a George W. Bush appointee in Washington state, ordered a temporary halt of Donald Trump’s executive order that stopped refugees and people from seven predominantly Muslim nations from entering the U.S., customs officials told airlines that they could board passengers who had been barred from the country if they presented proper documentation.
Our commander in chief took to Twitter on Saturday morning to decry the ruling, saying Robart’s action would be overturned. The White House released a strongly worded statement the night before.
“When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety &.security - big trouble!” Trump tweeted.
He then wrote, “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
CNN reports that the White House initially Judge Robart’s order “outrageous” but then dropped that word minutes later in a second statement.
“At the earliest possible time, the Department of Justice intends to file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate,” White House press secretary Sean Spicer said in a statement. “The president’s order is intended to protect the homeland, and he has the constitutional authority and responsibility to protect the American people.”
The Council on American-Islamic Relations, a Muslim civil rights organization, welcomed the Robart ruling, though it and other organizations said that those travelers in limbo must move fast.
“Because the Trump administration is vowing to appeal the ruling, CAIR is urging travelers to consider immediately contacting relevant airlines to inquire about rebooking their flights, with the recognition that the situation remains fluid,” the group said in a statement Saturday.
Qatar Airways announced that it will allow nationals from the seven countries affected by Trump’s travel ban to travel to the United States if they have proper paperwork.
Whatever happens, it’s clear that this judicial confrontation may go all the way to the Supreme Court. Neither side shows any signs of backing down.
Read more at CNN.