As I predicted the 9th Circuit Court, in a major decision, refused to reinstate the travel ban imposed by Trump’s ill thought out executive order. In addition, the court ruled against the Trump administration on each and every point of contention.
Yes, the plaintiffs have standing to lodge the suit, No, the President is not above the law and the courts have jurisdiction and can overrule the President on a constitutional basis, even in matters of national security. No, the administration offered no indication that there is a heightened security risk which requires the travel band. Yes, the order was discriminatory against Muslims. Yes, the plaintive are likely to prevail at the trial. No, even if the government agreed to remove some of the more objectionable provisions of the order, the stay would remain in effect. In other words the Trump administration got their butt handed to them today in court.
Frankly, it wasn’t hard to accurately predict this one; Trump and Brannon gave the Justice Department a hopeless case to try to salvage. The one somewhat surprising thing is that the three judge panel was unanimous in their decision, with even the conservative judge joining in the ruling. So far two judges nominated by Democratic Presidents and two nominated by Republicans have ruled against the order.
Trump can next appeal to the the Supreme Court to lift the stay or he can wait until the the case is decided on its merits in District Court and then if he loses he can start the the appeal process. (And it is almost certain that he will lose.) However, with a 4-4 ideological split on the Supreme Court the appellate court’s ruling is likely stand, so Trump’s executive order is toast.