Based on what legal experts told us, the appellate court just handed the Trump administration a ‘UGE loss!
Last evening, in a unanimous decision, the U.S. Court of Appeals for the 9th Circuit rejected the Trump administration’s arguments for lifting the halt on President Donald Trump’s Executive Order regarding Immigration and Refugees (aka Trump’s Travel Ban). Unless you’ve been living under a rock, President Trump’s controversial EO previously blocked entry for citizens and refugees of seven Middle-Eastern countries.
Let’s not make any bones about it, the court ruling was a massive loss for President Trump and an immigration platform he had been touting since the 2016 presidential campaign. After hearing about the ruling, President Trump has been taking the news in stride.
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Or he’s taking it as well as President Trump usually does anyway…
So what does this all mean and more importantly, where does it go from here? We’ve been asking a few legal experts that are well versed in Constitutional Law and here’s what they told us.
- What Does It Mean for Those Immigrating to America: If you have gone through the immigration process – which is pretty grueling in its own right – then you shouldn’t be blocked from coming into the US. For the time being anyway, President Trump’s Travel Ban is put on hold.
- Why Did the Courts Go Against President Trump’s Immigration Plan: Basically, the Trump administration’s argument was that the judicial branch couldn’t halt President Trump’s EO on immigration because that power resides with the executive branch and the courts have no power to review or strike down executive orders. The courts basically did their best Lana Kane impression and told the Trump administration that the role of the judiciary is to interpret the law. So yeah, they can halt President Trump’s EO.
- But Doesn’t the Courts Usually Defer Immigration Matters to the President: Yes, but from the looks of it, they don’t trust the Trump administration enough to defer in this case. The courts essentially just told the Trump administration, with their ruling, that they don’t trust the administration’s judgement on balancing immigration and national security issues.
- Broadness of President Trump’s Immigration Plan is What Doomed It: The idea of creating stricter immigration policies for the reason of national security reasons is a legitimate idea that the courts generally would defer to the president on. But, President Trump made his EO too broad, not narrowing their focus to countries that have had ties to terrorist suspects (like Pakistan or Saudi Arabia) and instead batched a large swath of Middle-Eastern countries together with their only connection being that they have predominantly large Muslim populations. In many ways, the Trump administration was trying to test the limits of judicial patience on the powers of the president, and unsurprisingly, the courts snapped back against it.
- Where Does the Trump Administration Go from Here: There are one of two options for the Trump administration moving forward with the president’s immigration ban. They could either; (1) file an emergency application for the Supreme Court to look at the case, but with SCOTUS currently having only eight justices, it’s more than likely it would be a 4-4 tie thus defaulting back to the ruling of the appellate court or (2) they could rescind President Trump’s EO and start again from scratch, but considering the administration’s insistence that they made the legislation exactly how it was intended, the idea of rescinding the EO looks unlikely and embarrassing from a political standpoint.
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