The biggest match today isn’t between the Atlanta Falcons and the New England Patriots. Nope, it’s between Donald Trump and U.S. Circuit Court system.
After U.S. District Judge James L. Robart succeeded in blocking Donald Trump’s 90-day travel ban yesterday by issuing a temporary restraining order, the Justice Department immediately filed an appeal.
That got the Trump administration exactly nowhere.
Fox News reports, Early Sunday morning a federal appeals court denied the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and refugees.
The DOJ filed an appeal of a judge’s order temporarily stopping Trump’s travel ban on Saturday night, saying it’s the “sovereign prerogative” of a president to admit or exclude aliens.
The 9th U.S. Circuit Court of Appeals in San Francisco instead asked for the Justice Department to file a counter-response by Monday afternoon.
The higher court’s denial of an immediate stay means the legal battles will continue for days at least.
The appeal stated that the district court’s ruling “conflicts with the basic principle that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application.”
The appeal also said the temporary order blocking Trump’s ban was an overreach of judicial authority.
Regarding the order issued by Judge Robart in Seattle, the appeal said, “Judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large.”
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.
So it would seem, per this snippet of U.S. code:
“We’ll win,” Trump told reporters Saturday night. “For the safety of the country, we’ll win.”
Not yet, Mr. President. The ball is still in play, but we don’t have possession.
[Note: This article was written by Michele Hickford]