We’re utterly shocked to report that the San Francisco-based 9th Circuit Court of Appeals has upheld a lower court injunction on President Trump’s travel ban.
Recall that the White House issued a second version of the ban designed to address objections from federal courts against the first ban.
Nevertheless, the second ban was blocked by courts in Maryland and Hawaii.
A three-judge panel from the notoriously liberal 9th Circuit agreed with the Hawaii federal judge.
This leaves the injunction from the Maryland court — which has already been appealed to the Supreme Court — as the final battle over the travel ban.
No news yet on whether Justice Ginsburg will recuse herself after displays of rampant anti-Trumpism.
Here’s more from Fox News…
The 9th Circuit Court of Appeals on Monday ruled in part against President Trump’s so-called travel ban, upholding an injunction that prevents the administration from enforcing a suspension on travel from six mostly Muslim countries.
“We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress,” the opinion said.
The ruling Monday from a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals deals the administration another legal defeat as the Supreme Court considers a separate case on the issue.
The judges say the president violated U.S. immigration law by discriminating against people based on their nationality and that Trump failed to show their entry into the country would hurt American interests.
They didn’t rule on whether the travel ban violated the Constitution’s ban on the government officially favoring or disfavoring any religion.
The 4th U.S. Circuit Court of Appeals in Virginia also ruled against the travel ban May 25. The administration has appealed that ruling to the Supreme Court.
Earlier Monday, lawyers for Hawaii also told the Supreme Court that letting the Trump administration enforce the ban would “thrust the country back into the chaos and confusion” that resulted when the policy was first announced in January.
The state urged the justices to deny the administration plea to reinstate the policy after lower courts blocked it. The high court is considering the administration’s request and could act before the justices wind up their work at the end of June.