Donald Trump is livid at the 9th Circuit Court for refusing to lift an injunction against his travel ban.
In the latest chapter of an epic struggle that’s hardly subsided since Trump was elected president, the court stood by earlier decision to block the controversial executive order.
Frequently derided as a would-be blanket ban on Muslim immigration, federal judges have hearkened back to campaign-trail rhetoric to reinforce their rulings. Other critics of the travel ban, including a Muslim organization in the Metro Detroit area, have begun requesting the Justice Department and Trump administration release preparatory documents and memos pertaining to the executive order.
Tuesday’s ruling came no surprise to a president used to defeat.
Trump publicly griped on Twitter about how the 9th Circuit Court “did it again.”
“Well, as predicted, the 9th Circuit Court did it again – Ruled [sic] against the TRAVEL BAN at such a dangerous time in the history of our country, S.C..” he lamented.
In May, the Virginia-based 4th Circuit Court also rejected the administration’s request to lift the injunction. They even used some of the commander-in-chief’s own Tweets against him, citing a June 5th outburst on the social media website.
“That’s right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won’t help us protect our people!” Trump wrote, using words which seemed designed to shout.
Well, as predicted, the 9th Circuit did it again – Ruled against the TRAVEL BAN at such a dangerous time in the history of our country. S.C.
— Donald J. Trump (@realDonaldTrump) June 13, 2017
Three 9th Circuit Court judges – all of whom were appointed by former President Bill Clinton – wrote, “Indeed, the President recently confirmed his assessment that it is the ‘countries’ that are inherently dangerous, rather than the 180 million individual nationals of those countries who are barred from entry under the President’s ‘travel ban’.”
“We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress,” the judges decided. “Immigration, even for the President, is not a one-person show.”
According to a CNN summary of the ruling and its minutiae, the 9th Circuit justified its reference to Trump’s Tweets by quoting Press Secretary Sean Spicer, who recently reaffirmed that the President’s social media statements and outbursts are “considered official statements by the President of the United States.”
The judges also made sure to affirm US District Court Judge Derrick Watson’s March decision, which placed an injunction on the second rendition of the travel ban because he suspected it likely violated the Establishment Clause of the First Amendment. Watson’s ruling coincided with criticism of the ban, which seemed a successor to campaign-trail promises to curb Muslim immigration to the United States.
The 9th Circuit Court did, however, overturn a limitation Watson had placed on inter-agency review of immigration vetting procedures.
Attorney General Jeff Sessions vowed that the Justice Department will pursue a Supreme Court overview of the case.
While the Supreme Court hasn’t yet placed the case on its docket, it is expected to make a decision as to whether it will hear the Justice Department’s arguments in the near future.