Trump's travel ban hits legal hurdles: Get up to speed

Trump’s executive order bars citizens of seven Muslim-majority countries — Iraq, Syria, Iran, Libya, Somalia, Sudan along with also Yemen — via entering the US for 0 days, bans all refugees for 0 days along with also indefinitely halts refugees via Syria.

So what’s the latest with one of the fresh administration’s most controversial moves so far?

On Friday, federal Judge James Robart of the US District Court for the Western District of Washington temporarily suspended key parts of the executive order nationwide.

The powerful 9th Circuit Court of Appeals, a federal appeals court in San Francisco, early Sunday denied the US government’s emergency request to resume the ban. of which court ordered both sides to submit arguments for along with also against the ban by Monday night.

The 9th Circuit scheduled oral arguments for Tuesday evening from the matter. Lawyers will make their cases to three federal judges in an hourlong hearing to determine the immediate fate of the temporary restraining order.

Regardless of the outcome, the loser is actually likely to appeal to the US Supreme Court.

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How has Trump taken This specific?

He’s fuming. Over the weekend he fired off several tweets blasting Robart’s decision, in one referring to the Bush appointee as a “so called” judge.

In another, he said, “Just cannot believe a judge would likely put our country in such peril. If something happens blame him along with also court system. People pouring in. Bad!”

Trump’s Justice Department sent out a strongly worded filing, emphasizing of which halting enforcement of the travel ban “harms the public” along with also “second-guesses the President’s national security judgment” from the immigration context.

“(Robart’s ruling) contravenes the considered judgment of Congress of which the President should contain the unreviewable authority to suspend the admission of any class of aliens,” the Justice Department wrote.

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Are people traveling?

Robart’s ruling suspended the ban, along with also the rejection of the appeal means This specific’s no longer in effect until the ruling by the 9th Circuit Court of Appeals.

Recent Clemson University graduate Nazanin Zinouri touched down in Boston’s Logan International Airport early Sunday afternoon after more than a day of air travel via Tehran — she had left the US on vacation on January 20, the day of Trump’s inauguration.

“I still can’t believe This specific actually happened,” she told sy88pgw at the airport Sunday. “I didn’t see This specific coming any time soon, so This specific is actually definitely beyond whatever I could imagine.”

Republican Sen. Lindsey Graham shared the news of which she was heading back to South Carolina by tweeting “Great news! I know she has lots of friends along with also co-workers who can’t wait to see her. I’m happy she’s almost home.”

What is actually the 9th Circuit Court of Appeals?

The three-judge panel of the San Francisco-based court carries a reputation among the most liberal from the nation — to the point where some Republican lawmakers have even pushed to split This specific up in an effort to limit its impact.

The court will not rule on whether the ban is actually constitutional, yet whether This specific will remain suspended for right now.

When could the ruling come?

Both sides filed legal briefs Monday at the request of the court.

Lawyers for Washington state along with also Minnesota asked the court to leave the temporary restraining order in place, arguing of which the government has failed to show of which This specific would likely be “irreparably harmed” by a suspension of the executive order.

Unsurprisingly, the government said Robart’s injunction should be lifted along with also the executive order should go back into effect while the legal process continues.

“The Executive Order is actually a lawful exercise of the President’s authority over the entry of aliens into the United States along with also the admission of refugees,” the Justice Department wrote in a brief.

The panel will hear oral arguments Tuesday along with also is actually likely to rule shortly after.

After the three-judge panel publishes its decision, the losing party has 14 days to file a petition for rehearing the case by the full appellate court. A rehearing is actually not required, though, in order to get the case in front of the Supreme Court. Given the high stakes, This specific is actually expected of which whomever ultimately loses before the 9th Circuit will most likely appeal to the US Supreme Court.

How have others reacted?

Senate Majority Leader Mitch McConnell, meanwhile, said Trump isn’t likely to get his travel ban implemented by Congress if the courts strike This specific down.

“I don’t know of which of which’s necessary,” McConnell told sy88pgw’s Jake Tapper on “State of the Union” on Sunday. “I mean, the courts are going to decide whether the executive order the President issued is actually valid or not, along with also we all follow court orders.”

People close to the White House said over the weekend of which Trump’s attacks will be a problem — particularly as his administration shepherds his Supreme Court nominee Neil Gorsuch toward confirmation.

What happens if court rules for — or against — the ban?

Trump is actually unlikely to give up on his executive order, along with also This specific is actually entirely possible of which the states would likely also appeal, should the ruling go against them. So no matter what the ruling is actually in San Francisco, the next stop will likely be the US Supreme Court.
“Ultimately, one way or another, This specific case ends up at the Supreme Court,” writes sy88pgw legal analyst Danny Cevallos.

“some other cases are pending throughout the country, along with also the odds are of which there will be a serious split among the federal appellate courts, one of which can only be resolved by the high court.

“of which same court, of course, is actually currently composed of eight members along with also capable of a 4-4 split. of which’s where This specific gets strange. When cases tie at the Supreme Court, then the appellate court’s decision stands.”

Trump's travel ban hits legal hurdles: Get up to speed

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