The 9th Circuit Court of Appeals struck another blow to President Donald Trump’s revised travel ban order as it upheld an injunction that prevents the administration from limiting travel to the United States from six predominately Muslim countries.
A three-judge panel unanimously rejected the administration’s request to lift an injunction that blocked important parts of the executive order from being enforced.
“We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress,” according to opinion jointly issued by Judges Richard Paez, Ronald Gould and Michael Hawkins.
All three judges were appointed by Democratic President Bill Clinton.
The judges cited Trump’s June 5 tweet on the travel ban: “That’s right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won’t help us protect our people!”
They affirmed most parts of U.S. District Court Judge Derrick Watson’s decision in March.
Attorney General Jeff Sessions said in a statement that the Department of Justice disagreed with the appeal court’s decision, saying that the updated order was “well within Trump’s lawful authority to keep the Nation safe.”
The Daily Caller reports:
This ruling put the Supreme Court in a difficult position. The justices will generally avoid weighing in on constitutional questions when it can, — especially where those questions are novel or controversial — and are loath to take up ongoing political controversies. The 9th Circuit’s ruling provides a basis for the high court to leave the travel ban on hold without engaging the contentious constitutional issues the 4th Circuit raises.