A couple of hours ago, the three judge panel of the 9th Circuit Court based in San Francisco) ruled unanimously to uphold the order of their colleague James Robart that suspended President Trump’s travel ban from seven countries.
Full disclosure: I am not an attorney, but I feel strongly that this is a decision that cries out for a reversal by the Supreme Court. The 9th Circuit, which is the most liberal and most-reversed in the country, has overstepped its bounds. Regardless what you think about the wisdom of Trump’s action, he is within his power to exercise this action. It is covered quite clearly under Title 8 US Code Chapter 12, 1182 (f)
So along come the attorneys general of Minnesota and Washington who go to the 9th Circuit, which covers the latter state. They claim that their states would be harmed by the ruling, a very dubious claim to standing in the first place. One judge issues a stay and the three-judge panel upholds his ruling. Given the liberal dominance of the 9th Circuit, I am not surprised.
What this court is saying is to Hell with the President’s authority (as outlined above) to take such action for our national security. To Hell with whatever intelligence he has been furnished by his intelligence agencies to support such action. What’s important-more important than our national security – is the constitutional rights of people sitting in Syria, Somalia, Yemen, Iraq, Iran, Libya and Sudan- Their right to come to the US-a right that does not exist. The judges don’t like Trump’s actions, so they are trying to make up the law to overturn it.
So what happens now? Trump can try to re-do the order to try and please this renegade court or he can go to the Supreme Court. Would the 4 liberal judges go along with the 9th Circuit, or would they have enough sense to know that the SC could not possibly support this decision when the law is so clear? If the SC winds up in a 4-4 tie, the 9th Circuit ruling stands and the President of the US is hamstrung in trying to control the jihadis coming here. (The issue will probably be settled by the time Neil Gorsuch is confirmed.) What a disgraceful judicial action.