In a setback to President Trumps travel ban on citizens from seven Muslim-majority countries, the 9th Circuit Court of Appeals unanimously ruled Thursday that a temporary restraining order on the ban will remain in place while its constitutionality is challenged in court. Although lawyers from the Department of Justice argued the president has total authority when it comes to the constitutionality of issuing executive orders in the name of national security, the judges ruled that national security concerns cannot automatically be prioritized over individual protections outlined by the U.S. Constitution.
The problem with this is the people wanting to come to the United States are not protected by the US Constitution. They do not have any constitutional rights to be allowed into the United States.
Furthermore a visa of entry to the United States does not guarantee entry into the United States. In my view this is just another stall tactic by activist judges. The constitution clearly states. The Executive Branch has all authority concerning persons coming into the United States.
On Friday, a three-judge panel on the Ninth Circuit Court of Appeals appeared to favor letting a judge’s temporary restraining order blocking enforcement of President Trump’s travel ban order stand for a while longer while both sides prepare evidence for a more detailed hearing.
In an hour-long telephone conference live-streamed over the Internet, the judges asked many questions for the attorney for the Trump administration August Flentje. Sometimes the questions were skeptical questioning motives, to hostile questions, including repeatedly asking him to answer yes or no as to whether an outright ban on Muslim travelers would be illegal. (Perhaps, he said finally, but only individuals could sue over it, not states.)
The judges seemed more sympathetic to the Washington Solicitor General Noah Purcell, asking him whether the states could come up with more evidence of the anti-Muslim animus they say motivated Trump to issue the order. Purcell argued the court should at the very least leave the temporary restraining order in place until U.S. District Judge James L. Robart considered the evidence and decided to keep the restraining order on the ban until while its constitutionality is challenged in court.
President Trump just tweeted minutes after the ruling was released: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
This is a developing story that is being continuously updated.
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