A federal appeals court on Thursday refused to reinstate a ban on immigration to the U.S. from seven predominantly Muslim countries, dealing the Trump administration a setback in its effort to enforce an executive order that has sparked controversy and confusion worldwide.
The unanimous ruling of the 9th U.S. Circuit Court of Appeals upholds an order by District judge James Robart in Seattle, who on February 3 sided with Washington state in a lawsuit against the president and suspended the order nationwide after concluding preliminarily that it injured the state and its residents.
The Ninth Circuit rejected the government’s contention that courts defer completely to presidential exercises of authority over immigration so long as the administration offers a legitimate reason for its action.
“In short, although courts owe considerable deference to the president’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” Judges William Canby, Richard Clifton and Michelle Friedland of the Ninth Circuit wrote in a 29-page opinion that returns the case for trial.
The White House is expected to appeal the ruling to the Supreme Court, which is split 4-4, raising the likelihood that the travel ban will remain in abeyance for some time.