9th U.S. Circuit Court of Appeals Refuses Reinstatement of Trump Travel Ban

By Laurie Kotka

The 3-0 ruling upheld the suspension of the travel ban rendered by U.S. District Judge James Robart in response to lawsuits from Washington state and Minnesota.

In the initial ban-suspension decision, Robart stated, “The state has met its burden in demonstrating immediate and irreparable injury. This TRO (temporary restraining order) is granted on a nationwide basis …”

Justice Department attorneys immediately appealed, seeking restoration of the ban.

The three judges delivering today’s decision affirmed Robart’s initial conclusion that Washington and Minnesota had successfully demonstrated even a temporary reinstatement would cause harm.

That harm points back to one week following his inauguration when President Trump signed an executive order temporarily suspending immigration from Iran, Iraq, Syria, Yemen, Libya, Sudan, and Somalia – all predominantly Muslim nations. Individuals with a U.S. visa or green card traveling abroad at that time were denied reentry for no less than three months. The same executive order blocked processing of Syrian refugees indefinitely and established a 120-day suspension for the remainder of the U.S. refugee program.

The days immediately following the order saw both national and global protests, confusion in application, and legal challenges.

While Trump’s executive order was the fulfillment of a campaign promise to impose substantial restrictions on immigration in the name of U.S. security, the hasty application generated economic concerns and individual hardship for many.

Today’s appellate ruling returns focus to the lower-court charged with evaluating the merits of the ban.  It likewise asserts the legitimacy of review presidential executive orders.

Trump acknowledged the decision, tweeting:



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