On Monday, the 9th Circuit Court of Appeals ruled against President Donald Trump’s “Travel Ban” proposal. The proposed ban would stop people from entering the United States for 90 days if they are coming from a list of six nations that were drawn up by security experts under the Obama administration.
The ruling by the 9th Circuit Court upholds previous injunctions that have stopped the president and his administration from enforcing the ban, and blocking the travel of potential terrorists.
In the ruling, the court had concluded that by issuing the Executive Order, President Trump exceeded the scope of his authority. The decision of the three judges on the panel was unanimous, and is the latest blow to Trump’s attempt to enforce a stricter immigration and travel policy in the wake of multiple terror attacks in Europe.
The judges claim that President Trump was discriminating against people on the basis of their nationality, and that he did not sufficiently explain why the presence of these particular people would be harmful to the United States and the interests of the American people.
Support from the Administration
Sean Spicer, the White House Press Secretary, was asked about the ruling during Monday’s press briefings. Spicer said that the president’s administration is currently reviewing the ruling. He explained that it’s important for the country that the president does everything in his power to stop terrorists from entering the United States to prevent any further attacks in the country.
Spicer said this on the one-year anniversary of the Orlando terror attack, where Omar Mateen – an Islamist extremist and the son of Afghanis – shot and killed 49 people at the Pulse gay nightclub in Orlando.
Spicer also stressed that the president’s Executive Order is completely lawful, and that banning people from entering the country based on their origin is within the president’s powers.
The judges on the 9th Circuit Court did not say whether they believed the order violated the Constitution by way of favoring people based on their religion. The idea that President Trump’s travel ban is unconstitutional has been floated by many media outlets and activists, but as it does not relate to American citizens and only refers to people from other nations, it does not come under the scope of the American Constitution.
Surprisingly, the notoriously liberal 9th Circuit Court did side with the administration on one issue. The ruling agreed that the government was within its powers to review the procedures used for vetting immigrants and refugees. The judges directed a lower court to re-issue its original injunction, under the new guidance set out on Monday.
This is not the end for Trump’s travel ban, as the case is expected to be taken to the Supreme Court soon.
An Upcoming Supreme Court Battle
On June 1, the White House asked the Supreme Court to consider the case and ultimately reinstate the travel ban. Before asking the Supreme Court to reinstate the ban prior to the beginning of summer recess, the ban had been blocked by two lower courts.
The government filed two emergency Supreme Court applications, and the nine Supreme Court Justices are expected to review the case in the coming days or weeks.
The spokeswoman for the Justice Department, Sarah Isgur Flores, told the press that the administration is confident that Trump’s order is well within his authority as president. The president, she said, is not legally required to accept immigrants and travelers from countries that sponsor terror or shelter people who have committed terror.