The 9th Circuit Court of Appeals wrote in a Monday order that they would hear an appeal on Donald Trump’s revised travel ban.
The executive order was a revival of a failed attempt to bar the citizens of seven Muslim-majority countries from entering the United States. After a round of consultation with attorneys and foreign diplomats, the Trump administration dropped Iraq from the list and made concessions for individuals holding green cards and U.S. residency.
Unfortunately for the President, a Hawaii judge placed an injunction on the second travel ban. Citing Trump’s bold and blatantly anti-Islamic rhetoric on the 2016 campaign trail, District Judge Derrick Watson ruled there was sufficient ground to place an indefinite injunction on the order. The only recourse the administration has is to file an appeal, which they’ve since elected to do.
On Tuesday, the three-judge panel comprising the 9th Circuit Court said they’d schedule and hear an appeal sometime in May. The Trump administration’s team, led by handpicked authorities from the Justice Department, will have 40 minutes to make their case in front of the 9th Circuit in Seattle.
Even if the Justice Department is successful in its eventual appeal, lawsuits are pending in Washington, D.C., and Detroit, which could block any possible progress made in May.
Politico reports that the 4th Circuit Court of Appeals is “still deciding how to handle an appeal of a Maryland-based judge’s narrower ruling blocking a single part of the revised Trump order: a ban on issuance of visas to citizens of six Muslim-majority countries. The court earlier announced that a three-judge panel would hear arguments May 8th.”
President Trump has been vehement and vocal about his displeasure with the courts. After the 9th Circuit Court of Appeals shot down the administration’s first travel block, the commander-in-chief publicly damned the ruling as having been made by “so-called judges.” His reaction was noteworthy enough to merit a response from Richard Clifton of the 9th Circuit Court of Appeals.
“It’s easy to blame the referee when you don’t like the result,” said Clifton midway through March. The judge was speaking at the Conference of Western Attorneys General, which met in Honolulu on the 16th.
“It is corrosive to the justice system when a disappointing result, or result disappointing to you, is responded to by blaming the referee,” the judge said.
Trump blasted the 9th Circuit Court of appeals not long after at a Louisville, KY, rally, drawing on the Constitution and a slew of executive privileges to justify his series of failed executive orders.
While the President maintains that a block on immigration from a handful of Muslim-majority countries is imperative to securing the nation’s safety, his critics have called the policy Islamophobic and fundamentally broken.