UPDATE, 3:41 PM: President Donald Trump was quick-fingered to respond to the 9th Circuit Court of Appeals today which unanimously ruled to keep his so-called travel ban halted. The ex-Celebrity Apprentice host took to social media within minutes after the ruling against his Executive Order of January 27 was made public.
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Senate Minority leader Chuck Schumer also took to Twitter after the court ruling in a war of 140 characters, so to speak.
Pres Trump ought to see the writing on the wall, abandon proposal, roll up his sleeves & come up w/ a real, bipartisan plan to keep us safe.
— Chuck Schumer (@SenSchumer) February 9, 2017
There’s a timeline for “reconsideration” of the 9th Circuit’s ruling, but at this point the case looks to be headed to the U.S. Supreme Court.
PREVIOUS, 3: 16 PM: Almost exactly two days after hearing arguments from lawyers for the federal government and Washington state on reinstating or not President Donald Trump’s halted controversial travel ban Executive Order, a trio of judges on the 9th Circuit Court of Appeals have made their ruling.
“We hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” said Judge Michelle Friedland, Judge William Canby Jr, and Judge Richard Clifton’s 29-page ruling (read it here) in what will be a blow to the White House.
The American people “has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination,” the judges added in the 3-o decision.
Cable news was all over the ruling, with a Chris Wallace-fronted Fox New Channel saying at around 3:12 PM that the stay is upheld, while MSNBC declared “ban is denied.” CNN waited until 3:16 PM ET to put text at the bottom of its screen saying “Appeals Court Rules Against Reinstating Travel Ban.”
Yesterday, Trump called the current judicial process over the Executive Order “disgraceful” and said he listened to the just over one-hour audio-only hearing on Tuesday, when it was played in its radio-friendly entirety on CNN and MSNBC. “I don’t ever want to call a court biased, so I won’t call it biased,” the President said at an event at the White House on Wednesday. “But courts seem to be so political, and it would be so great for our justice system if they would be able to read a statement and do what’s right,” he added.
Also on Wednesday, in this hyper-real administration, Trump’s SCOTUS nominee Judge Neil Gorsuch reportedly threw POTUS under the bus a bit to a Democrat senator. Confirmed by a number of sources, Gorsuch said to Sen. Richard Blumenthal (D-CT) that Trump’s verbal and social media attacks on the judiciary were “demoralizing” and “disheartening.” Trump said today that the statements were “misrepresented” by Blumenthal. Later on Thursday, press secretary Sean Spicer told media that POTUS had “no regrets” about his negative remarks about a number of judges involved with the travel ban decision.
Signed by Trump on January 27, the Executive Order immediately put a 90-day halt on citizens from Iran, Iraq, Sudan, Syria, Libya, Somalia and Yemen from entering the U.S. That led to travelers from those Muslim-majority nations being detained and deported at airports across the country as well as protests and lawsuits from the ACLU and others.
A week later, Seattle-based Judge James Robart issued a nationwide temporary restraining order on the E.O. after Washington and Minnesota filed amended complaints against Trump’s highly criticized action. It was that Hollywood-hated TRO that lead to the Obama-appointed Friedland, the Carter-appointed Canby and the George W. Bush-appointed Clifton handling the matter yesterday in what was a sometimes contentious hearing. The states’ anti-ban positions of was backed by Apple, Netflix, Google and nearly 100 tech companies plus dozens of other states including New York, California, Illinois and Virginia plus the District of Columbia.
Before this afternoon’s ruling, the Attorney General of Washington gave notice to the 9th Circuit that they would be “filing at least 15 additional declarations in the district court today, regarding harm to the States. Under question from presiding Judge Friedland in Tuesday’s hearing, Washington state Solicitor General Noah Purcell had indicated such filings could come.
Both side had previously acknowledged that this appeal will end up at the Supreme Court – likely quite soon with today’s ruling against seeing the ban back in play.