The Trump administration’s initial response to a Seattle federal judge’s decision to grant a nationwide temporary restraining order on the president’s immigration ban is a failure. The ninth US circuit court of appeals in San Francisco made their decision early on Sunday morning in response to a late Saturday night push by The White House to reinstate the ban immediately. According to the New York Times, this decision likely means a legal battle will unfold throughout the week:
In the legal back and forth over the travel ban, the United States Court of Appeals for the Ninth Circuit in San Francisco said a reply from the Trump administration was now due on Monday.
The ruling meant that refugees and travelers from seven predominantly Muslim nations — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — who were barred by an executive order signed by the president on Jan. 27 would, for now, continue to be able to enter the country…
On Saturday night, as Mr. Trump arrived at a Red Cross gala at Mar-a-Lago, his waterfront Florida resort, where he was spending the first getaway weekend of his presidency, reporters asked him if he was confident he would prevail in the government’s appeal. “We’ll win,” he replied. “For the safety of the country, we’ll win.”
The president criticized Judge James Robart on Twitter, an act that could make it more difficult for the Justice Department to build a defense on his behalf according to The Guardian. Even if the tweets do raise some eyebrows over “separation of powers,” the position of the administration is made clear by the Justice Department’s defense of the executive action according to The New York Times:
In its argument for an appeal, the Justice Department had said the president had an “unreviewable authority” to suspend the entry of any class of foreigners. It said the ruling by Judge Robart was too broad, “untethered” to the claims of the State of Washington, and in conflict with a ruling by another federal district judge, in Boston, who had upheld the order.
The Justice Department argued that the president acted well within his constitutional authority. Blocking the order, it concluded, “immediately harms the public by thwarting enforcement of an Executive Order issued by the President, based on his national security judgment.”
For now, those affected by the ban will be able to enter the United States. Some, including Meet The Press host Chuck Todd, are hinting the legal fight could eventually make its way to the Supreme Court. No matter what happens, it’s certain that this week will bring new twists to the opening weeks of Trump’s presidency.