9th Circuit Court Upholds freeze on Trump's Muslim Ban 2.0

Credit Alisdare Hickson Flickr

The court's processing of the Trump Administration's appeals in the two cases has been slowed down a bit because one of the lower court decisions it is now being asked to review just came out on Monday, when the other case was almost finished with the filing of briefs.

President Trump on Wednesday made changes to his revised travel ban in an effort prevent the Supreme Court from declaring it moot because it was set to expire.

As for Gorsuch's investiture ceremony, there will probably be no explicit talk of Trump's travel ban but the controversial executive order will surely loom large nonetheless.

Trump has previously said he would be willing to take the matter to the US Supreme Court in order to get the travel ban passed, a measure his administration argues is necessary of national security.

An entry on the Supreme Court docket said that the administration can file its new brief on Thursday.

As in previous rulings, the appeals panel cited remarks by Trump that seemed to contradict his administration's attorneys, who had argued that the order, despite the president's rhetoric, was narrow in scope and not discriminatory in nature. Gorsuch's confirmation by the U.S. Senate in April restored the court's 5-4 conservative majority.




In response, Sessions claimed that the President's executive order is "well within his lawful authority to keep the nation safe".

Trump's visit to the court would be his first since he became president on January 20 and would put him face-to-face with the nine justices as they consider the fate of his travel ban unless the court acts before then.

But if the conservative majority on the Supreme Court is inclined to stay within the "four corners" of the executive order's text and not broadly consider the motivation behind it, the 9th Circuit shows it still can not be upheld. Both are at stake in the Hawaii case; the Maryland case involves only the 90-day suspension of arrivals from the designated nations. That ruling said the executive order violated US immigration law.

Attorney General Jeff Sessions vowed to press the Supreme Court to take up the issue.

A memo issued by the White House, as the Supreme Court considered two challenges to the ban, said parts of the order put on hold would not expire before they can go into effect, and the start date would be when court injunctions were lifted.

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