Rejecting arguments that the government would be “irreparably harmed” if the judicial system reviewed President Donald Trump’s immigration ban, which he premised on his authority over national security matters, the U.S. Court of Appeals for the 9th Circuit determined that the judiciary has a proper role in safeguarding people’s rights.
“To the contrary, while counseling deference to the national security determinations of the political branches,” the court said, “the Supreme Court has made clear that the Government’s authority and expertise in [such] matters do not automatically trump the Court’s own obligation to secure the protection that the Constitution grants to individuals, even in times of war.”The continuation of the restraining order is a significant victory that will continue blocking the ban while the executive order itself is under review. Next steps:
Ahead of the 9th Circuit ruling, [U.S. District Court Judge James] Robart issued a scheduling order on Tuesday, instructing the states and the Trump administration how the case would move forward. Washington and Minnesota must submit a legal brief on Thursday, the Trump administration’s response brief is due next Wednesday, and then the states must reply by next Friday. Robart has yet to schedule a new hearing.
When he does, he’ll determine whether his original restraining order should become a preliminary injunction, which, if granted, would leave Trump’s travel ban on hold for even longer ― a result that would almost certainly be appealed all the way to the Supreme Court.
But at this early stage, an emergency appeal to the Supreme Court would face a big hurdle. Five justices would need to agree to reverse the 9th Circuit, and since the death of Justice Antonin Scalia last year, the court remains one member short.Resistance, especially against un-Constitutional orders, works -- at least so far.
UPDATE: The manbaby finds the caps lock button to warn of impending DOOM --
And comments on his tweet are brutal. SAD!SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!— Donald J. Trump (@realDonaldTrump) February 9, 2017