A San Francisco-based appeals court on Thursday rejected the Trump administration’s request to resume his executive action on immigration and refugees, setting up a potential showdown in the Supreme Court.
The Hill reports,
The United States Court of Appeals for the Ninth Circuit ruled that a nationwide restraining order against President Trump’s temporary travel ban may continue while a federal judge considers a lawsuit over the policy.
The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
The administration can now ask the Supreme Court to immediately intervene, which legal experts think is likely, or wait until a ruling on the preliminary injunction order. The high court is currently shorthanded with eight justices. If there is a split decision, the lower court’s ruling would be upheld.“We’re going to take it through the system,” Trump told reporters during a meeting with sheriffs at the White House, before the ruling came down. “It’s very important for the country.”
U.S. District Judge James Robart in Seattle — a George W. Bush appointee — temporarily froze Trump’s order blocking refugees and citizens from seven predominantly Muslim countries from entering the U.S. last week. Hundreds of travelers from the blocked countries have raced to get into the county while the controversial policy was put on ice.
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