While Americans were more focused on the build-up to the Super Bowl over the weekend, an appeals court quietly rejected President Trump’s request for an injunction on a lower court’s block on the refugee travel ban.
This sets up an epic battle that could go all the way to the Supreme Court, and could be voted on by Trump’s newly-nominated Judge Gorsuch.
Here’s more from Newsmax:
A federal appeals court on Sunday denied the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.
The Trump administration had appealed a temporary order restraining the ban nationwide, saying a federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.
The appeals court’s denial of an immediate stay means the legal fight over the ban will continue for days at least. The 9th U.S. Circuit Court of Appeals in San Francisco asked challengers of the ban to respond by early Monday, and for the Justice Department to file a counter-response by the evening.
Acting Solicitor General Noel Francisco, representing the administration, told the appeals court that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.
“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,” according to government’s filing.
The government has suspended the ban’s enforcement in compliance with order of the order of U.S. District Judge James Robart. His ruling was an extraordinary setback for the new president, who only a week ago acted to suspend America’s refugee program and halt immigration from seven Muslim-majority countries that the government said raise terrorism concerns.