Fri, Sep

San Francisco Federal Court Upholds Travel Ban Suspension


Earlier today, the three federal judges of the 9th Circuit of appeals have unanimously denied the reinstatement of Trump's executive order. On January 27th, President Trump issues an executive order to suspend entry from aliens of seven countries: Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.

"The impact of the Executive Order was immediate and widespread. It was reported that thousands of visas were immediately canceled, hundreds of travelers with such visas were prevented from boarding airplanes bound for the United States or denied entry on arrival, and some travelers were detained. Three days later, on January 30, 2017, the State of Washington filed suit in the United States District Court for the Western District of Washington, challenging sections 3(c), 5(a)-(c), and 5(e) of the Executive Order," according to the opinion released by the 9th Circuit Court of Appeals.

During the oral arguments, the federal judges questioned both side on issues regarding: necessary need of such immediate actions, the religious implications of the ban, and economic damage suffered by the states affected. For example, the judges noted that only 15% of Muslims are barred from entry under the executive order, which may or may not disenfranchised the freedom of religion argument.

In the opinion issued, the federal judges noted economic damage to the state. "The States argue that the Executive Order causes a concrete and particularized injury to their public universities, which the parties do not dispute are branches of the States under state law." 

The executive branch will most likely appeal to the Supreme Court for further legal consideration. The current Supreme Court is split with 4 liberal justices and 4 conservative justices, albeit the confirmation of Neil Gorsuch, Trump's Supreme Court nominee.