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Appeals Court refuses to reinstate Trump’s travel ban

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ASSOCIATED PRESS

In this March 2012 file photo, 9th U.S. Court of Appeals Judge Richard Clifton hears the United States vs. Rizzolo case in the Thomas & Mack Moot Courtroom in Las Vegas. Clifton is one of three judges on the 9th Circuit Court of Appeals deciding whether to reinstate President Donald Trump’s travel ban.

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ASSOCIATED PRESS

In this Sept. 2014 file photo, Circuit Judge Michelle T. Friedland, right, gestured while questioning Barry Bonds’ attorney, Dennis Riordan, before an 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco. Friedland is one of three judges on the San Francisco-based 9th Circuit Court of Appeals deciding whether to reinstate President Donald Trump’s travel ban.

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ASSOCIATED PRESS

In this Nov. 2015 file photo, Judge William Canby is photographed in his office in Phoenix, Ariz. Canby is one of three judges on the San Francisco-based 9th Circuit Court of Appeals deciding whether to reinstate President Donald Trump’s travel ban.

SAN FRANCISCO >> A federal appeals court refused today to reinstate President Donald Trump’s ban on travelers from seven predominantly Muslim nations, dealing another legal setback to the new administration’s immigration policy.

In a unanimous decision, the panel of three judges from the San Francisco-based 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

The court rejected the administration’s claim that it did not have the authority to review the president’s executive order.

“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the court said.

Soon after the ruling, Trump tweeted, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

The judges noted that the states had raised serious allegations about religious discrimination.

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation’s refugee program and immigration from countries that have raised terrorism concerns.

Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.

The states said Trump’s travel ban harmed individuals, businesses and universities. Citing Trump’s campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.

Both sides faced tough questioning during an hour of arguments Tuesday conducted by phone — an unusual step — and broadcast live on cable networks, newspaper websites and social media. It attracted a huge audience.

The judges hammered away at the administration’s claim that the ban was motivated by terrorism fears, but they also challenged the states’ argument that it targeted Muslims.

“I have trouble understanding why we’re supposed to infer religious animus when, in fact, the vast majority of Muslims would not be affected,” Judge Richard Clifton, a George W. Bush nominee, asked an attorney representing Washington state and Minnesota.

Only 15 percent of the world’s Muslims are affected by the executive order, the judge said, citing his own calculations.

“Has the government pointed to any evidence connecting these countries to terrorism?” Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked the Justice Department attorney.

The lower-court judge temporarily halted the ban after determining that the states were likely to win the case and had shown that the ban would restrict travel by their residents, damage their public universities and reduce their tax base. Robart put the executive order on hold while the lawsuit works its way through the courts.

After that ruling, the State Department quickly said people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — with valid visas could travel to the U.S. The decision led to tearful reunions at airports round the country.

The Supreme Court has a vacancy, and there’s no chance Trump’s nominee, Neil Gorsuch, will be confirmed in time to take part in any consideration of the ban.

The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. The administration also could change the order, including changing its scope or duration.

A look at the three judges who decided the case:

RICHARD CLIFTON

Clifton, nominated to the 9th Circuit by George W. Bush in 2001, is the second judge from Hawaii to serve on the 9th Circuit. He grew up in the Midwest, but moved to Hawaii to clerk for another 9th Circuit judge after graduating from Yale Law School in 1975. He is still based there.

Clifton, 66, was a lawyer for the Hawaii Republican Party, but has described himself as not having a pronounced political philosophy. He handled business and commercial litigation for a prominent Hawaii law firm and had never served as a judge before joining the 9th Circuit. He received nearly unanimous support for his nomination in the U.S. Senate. At his confirmation hearing, California Rep. Christopher Cox described Clifton as a lifelong Chicago Cubs fan, Cub Scout den leader, and dedicated husband and father who had some important credentials for being an appeals court judge: He refereed youth soccer. Since joining the court, Clifton has ruled in favor of a Los Angeles ordinance that required hotel operators to open their guest registries at the demand of police and called for a harsher prison sentence for a terrorist who plotted to blow up Los Angeles International Airport.

Of the three judges who heard arguments over the travel ban, Clifton had the toughest questions for the attorney representing the two states — Washington and Minnesota — challenging it. He asked what evidence the attorney had that the president’s travel ban was motivated by religious prejudice. At one point, Clifton pressed him, “Do I have to believe everything you allege and say, ‘Well, that must be right.” But Clifton also grilled the administration’s attorney, asking him whether he denied statements by Trump about banning Muslims. The attorney said he didn’t.

WILLIAM CANBY

Canby rarely hears cases anymore. Now 85, he told The Associated Press two years ago that he felt sharp and healthy, but didn’t want to risk a job hazard that federal judges with lifetime appointments face: age-related mental decline. So it was unusual for the judge to hear oral arguments over the Trump travel ban.

Canby — a former U.S. Air Force lieutenant and Peace Corps worker in Africa who was appointed to the 9th Circuit by President Jimmy Carter in 1980 — is known to have a polite and respectful courtroom demeanor. He encourages attorneys to have interests outside the law and told a reporter in 2005 he was running two to three miles before starting his day. He has written extensively about Native American law. Among his more high-profile decisions was a 1988 ruling declaring the U.S. Army’s ban on gay soldiers unconstitutional and a 2000 decision that said the PGA Tour is covered by federal disability law and must provide a cart to golfer Casey Martin.

During oral arguments, he challenged the administration’s justification for the ban. Later, Canby appeared to come to the rescue of the attorney challenging the ban when another judge was grilling him about what evidence he had that the travel ban was motivated by anti-Muslim sentiment. Canby asked the attorney who had the legal burden of showing the likelihood of succeeding on their arguments in the case. The attorney responded that that burden was on the administration.

MICHELLE FRIEDLAND

At 44, Friedland is one of the two youngest federal appeals judges in the country. President Barack Obama appointed her in 2014, and during her confirmation hearing she received support from both parties.

Friedland was born in California and attended school in New Jersey, where her father worked as the president of a clothing company and her mother was a writing instructor and freelancer, according to Friedland’s 2000 wedding announcement in The New York Times.

She graduated with honors from Stanford University, studied at Oxford University on a Fulbright Scholarship and then got her law degree at Stanford University. She later clerked for U.S. Supreme Court Justice Sandra Day O’Connor.

In private practice, she represented major clients, including Berkshire Hathaway, Boeing and the University of California. She was recognized along with a handful of other members of her firm by the California Bar Association for pro-bono work defending the constitutionality of California’s ban on sexual orientation “conversion therapy.” She also represented same-sex couples challenging California’s gay-marriage ban.

With less than three years on the appeals court, a full picture of Friedland’s judicial philosophy has yet to emerge, some legal scholars say.

Of the three judges at Tuesday’s hearing, she appeared to be the most sympathetic to Washington state’s case, repeatedly questioning the Justice Department’s lawyer over the basis for the travel ban: “Have you offered any evidence to support this need you’re describing for the executive order, or are you really arguing that we can’t even ask about whether there’s evidence because this decision is non-reviewable?”

91 responses to “Appeals Court refuses to reinstate Trump’s travel ban”

  1. deepdiver311 says:

    the elected president should have this authority to protect it’s citizens
    not an appointee in the courts
    aloha!

    • jusris says:

      BooHoo get over it, Butt Hurt!!!! Trump lost this round…#MAGA

      • Rite80 says:

        Judge Michelle Friedland’s questioning left the Assistant Attorney General grasping at straws. She is a sharpe one.

      • peanutgallery says:

        9th circuit is the most overturned court in the land. They have an 86% reversal rate in front of the supreme court. For those of you from Kool-Aid land; they’re a joke.

        • Olopala says:

          Whatever. They are likely to be the last word on the subject with the current 4/4 split on the Supreme Court. By the time Trump’s appointment is confirmed the 90 days are likely to have run their course.

        • Sandys says:

          That’s because the 9th circuit is ahead of the rest of the country and the rest of the country will catch up soon enough

        • sarge22 says:

          It seems that the move to the Supreme Court has been expressed ever since the first legal opposition to Trump’s Executive Order appeared. If one goes back in the reports of the past few weeks, in almost every one, Trump has said he will go to the Supreme Court with this, for example:

          “Yesterday Trump acknowledged Tuesday that the fight over the travel ban could wind up at the Supreme Court, and he is willing to defend it there. “We’re going to take it through the system,” Trump told reporters during a meeting with sheriffs at the White House. “It’s very important for the country.”
          http://www.zerohedge.com/news/2017-02-08/latest-angry-tweet-trumps-sets-violent-collision-course-supreme-court

          Another issue is that the 9th Circuit Court of Appeals is in San Francisco, California……a hot-bed of extremely emotional and politically anti-Trump groups.

          If the Supreme Court upholds his Constitutional authority, how many anti-what ever groups are going to be totally disarmed, including the biased MSM?

          Interesting, in his first 3 weeks, he has done an excellent job of drawing so many of his elitist opponents, from both political parties, out of the shadows …..and more are exposing themselves every day. Chess anyone?

          Would old George Carlin have said?: “Once they are out in the open, he has them by the balls!”

      • Cricket_Amos says:

        “The judges noted that the states had raised serious allegations about religious discrimination.”

        This seems simple minded and naive.

        There are religions in which you kill people in honor of your Goddess (Thuggee in India).

        Unreformed Islam believes that those who convert to other religions can be put to death. It does not believe in Islam living alongside other religions, there is no tolerance for this. Those who are not Jews and Christians are to be put to death. The Christians and Jews can stay alive if they pay a tax. It is a supremacy religion.

        You do not have the right to come to the United States if you practice an evil religion because it would be unconstitutional to keep you out. This is sheer lunacy.

        Clearly you have to take other things into account.

        If there are parts of the world which are sources of evil religion, then as the protector of the American people, the President has not only the right but the duty to put bans into place to make sure those people do not get here, and the inconvenience of people who are not even US citizens is irrelevant.

        • Mythman says:

          Refugees from other nations only acquire american constitutional rights once they are living on us soil. so can the constitution’s freedom of religion clause apply to them?

      • sailfish1 says:

        jusris – Trump himself did not, as you say, “lost this round”. The people who may be subjected to terrorist attacks in the U.S. “lost this round”.

        • jusris says:

          From inside the USA too??? What about the sharks that kill people, and guns and cars and fatty foods??? Should we ban all those things too??? Trump will be at fault if those things kill another American for his inability to address the danger??? #MAGA

        • DRH says:

          Remember the story of the boy who cried wolf? I don’t worry about terrorist attacks or the security of the nation anymore.

    • klastri says:

      deepdiver311 – There’s the minor detail of the Constitution. Trump and you don’t seem to understand that.

      Trump is not King. He’s a psychotic.

      • Mana07 says:

        Your comments show that YOU do not understand the constitution. The courts only job was to rule on the constitutionality of the EO. Instead, as a trio of leftist, they chose to second guess the President’s motives and ruled against the president because he is NOT on their side. This is shameful behavior by the court and it should terrify you.

        • keaukaha says:

          Wrong fake news. Judge Clifton is a conservative appointed by the dubya. Typical Chumpsters rhetoric that when you are wrong just lie,lie, lie.

      • bumbai says:

        Just re-read the constitution…nowhere does it say Trump is a psychotic.

      • Cricket_Amos says:

        I don’t think that you have the constitutional right to come to the United States if you practice an evil religion because it would be unconstitutional to keep you out.

        Clearly you have to take other things into account.

        If there are parts of the world which are sources of evil religion, like unreformed Islam, then as the protector of the American people, the President has not only the right but the constitutional duty to put bans into place to make sure those people do not get here, and the inconvenience of people who are not even US citizens is irrelevant.

        • keaukaha says:

          Too bad you’re not a judge but when I read your commentary I know why you’re not.

        • Cricket_Amos says:

          Keaukaha

          Perhaps you could let us know what you object to here, and what your reasons are?

        • keaukaha says:

          Cricket the goverment hasn’t submitted a single piece of evidence so far. To me you do your homework first before you present your case in court. I find it embarrassing that the Chump and his legal advisors are appearing to be so elementary with their justification of the travel ban. In our country we cannot disrespect people just because we don’t like the color of their skin or how they choose to worship. Also we shouldn’t past judgements on people because we think they’re would be terrorists unless we have solid and compelling evidence.

        • Cricket_Amos says:

          Keaukaha

          Not bad, although I think there is a real problem with:

          “In our country we cannot disrespect people just because we don’t like … how they choose to worship.”

          There are religious practices that involve killing strangers. Obviously you do not mean to include them under

          “how they choose to worship”

          The problem arises with things like Radical Islam. These contain religion based practices of which I expect your are familiar, and which I do not think you would condone under

          “how they choose to worship”

          Now you could say, something like they all come in subject to obeying our law, but what if, like Radical Islam, it is integral to their belief system and they would have no intention of ever subjecting themselves to these restrictions, except until the time becomes right to strike?

    • HawaiiCheeseBall says:

      If he was so interested in protecting us, why did his ban omit countries whose citizens have actually attacked us? The 9-11 attackers wwer Saudi and Egyptian but Chump’s ban omitted Saudi Arabia and Egypt. The Boston Marathon bombers were from Kyrgyzstan, and yep Kyrgyzstan is not included in Chump’s travel ban. The San Bernardino shooters were from Pakistan, and yet Pakistan is not on the list notwithstanding the fact that they were harboring Bin Laden, give sanctuary to the Taliban, and seem to like to export nuclear technology. Yep Chump thinks keeping America safe means keeping the doors open to citizens of countries who has actually attacked us. The travel ban is a hoax. It’s just a new recruiting tool for real terrorist.

      • klastri says:

        Because he does business in those unnamed countries.

        • 64hoo says:

          no klassless its because those seven Islamic countries do not have a stable government to much terrorism going on in those countries and he don’t want them spreading it here, its got nothing to do with business, your thinking like a liberal with a mental disorder. you are smarter than that.

      • Sandys says:

        Trump owes those countries more than Russia.

      • Windward_Side says:

        Because these countries have an actual working government where records are available for incoming immigrants.

      • Cricket_Amos says:

        Perhaps he started with the list that was put together by the Obama administration.

        From what I read, the Obama list was put together for a somewhat different purpose, but was a list of hotspots of concern.

        Looks like it is back to the drawing board, to come up with an alternative that avoids the roadblocks.

        Listening to Dershowitz, Trump was within his rights as President to make this ban, and the original judge was definitely wrong.

        When it came to arguing in front of the Ninth, Dershowitz did not think that the President’s attorney made a good case, and even argued the wrong points.
        Maybe he can hire Dershowitz as a consulting attorney next time.

      • sailfish1 says:

        Are there any refugees trying to get into the U.S. from Saudi Arabia, Egypt, or Kyrgystan? Refugees are coming from countries where there is an active war going on.

    • Sandys says:

      I don’t feel protected by anything Trumpass does

    • IAmSane says:

      He also has a responsibility to follow the Constitution while he’s doing that. And the Court has a responsibility to see that the Constitution is being followed. Checks and balances. #MAGA #fakenews #snowflake #bowlinggreenmassacre #Nordstromistheworst

  2. lava says:

    This judge is not from here but cries (in opinions) whenever those other “mainland” judges give a decision different from his against Hawaii.

  3. dtpro1 says:

    Unaffectionately referred by some as the 9th Circus court of appeals…this appellate branch is known for left of center decisions and have had some of their products overturned by the SCOTUS. Hope they remain unbiased and get this review right. Whether one supports/likes Trump or not, the right of the Commander in Chief to take temporary measures for our nations Safety are all-important.

    • jusris says:

      Have a temporary measure for those from USA, they do more killing than the outside threat…After all safety is all-important…#MAGA

    • Sandys says:

      We don’t need the tactics of fear that were stressed in the Joe McCarthy era. Wouldn’t Trump with anything. Went belly up to many times and has stiffed to many companies.

  4. Keonigohan says:

    In the end POTUS Trump will get it done via the SCOTUS. Hope no Americans get hurt because of these Liberal actions…which now the onus is on them 100%.

  5. CCH says:

    Segregation of powers at its best.

  6. PMINZ says:

    OK you made your decision, I just pray no one gets in an creates mayhem.”On your head Be it” From a favorite santa Movie>

  7. NanakuliBoss says:

    BOOM. Back to Ivanka’$ rescue.

  8. Pacificsports says:

    Trumps attempt to create a totalitarian regime hits another road block. One of the first strategy is control the Court. Another is to control the media with your regimes’ “alternate reality” which Trump is still trying to do. Trump is also trying to create legitimacy with his rule by claiming that he won the popular vote through an “investigation” of widespread voter fraud which no one believes. In addition, you must suppress all opposition which Trump is also trying to do. Finally, you need to control the military which he is also trying but failing to do.

  9. DPK says:

    Let’s all hope that no Americans are killed by ISIS while this legal battle plays out.

  10. klastri says:

    Trump is losing every single day.

    Didn’t he talk on the campaign about winning? When is all the winning going to start?

  11. lokela says:

    Well guess they all want to deal with terrorists for a long time. A lot of terrorists are disguised as refugees. They come over and set up shop and then wait for the right time. Boom.

  12. residenttaxpayer says:

    No doubt that is will be ultimately decided by the SCOTUS…

  13. fiveo says:

    No surprise here. Hardly anyone expected that the three Judge panel of the 9th Circuit Court would side with President Trump and it was predicted that the
    case would go to the Supreme Court of the United States. The 9th Circuit Court of Appeals currently has 29 Judges on its official rolls although not
    all reportedly are active and most cases are heard by three Judge panels. This court is also the most overturned Appeals court and some consider
    this court to be very activist.

  14. Mana07 says:

    As expected this liberal court ruled in favor of what the left desires instead of doing their job and ruling on the constitutionality of the EO.

  15. Tempmanoa says:

    Courts can view what the President does contrary to what the DOJ said. Imagine if Obama by and Executive Order opened up immigration to Iran or to Syrian refugees with quick vetting of one month to improve security by assimilating Iranians and Syrians. Would anyone claim as the DOJ did that the President has complete discretion over our borders and national security?

  16. d_bullfighter says:

    No surprise from the 9th Circus, the most reversed US court in the land.

  17. Dai says:

    Not a time or subject to be acting like babies. The issue will go to a higher court. If things have been violated them hopefully it will get corrected.
    Speaking of correcting things. Why is it so difficult for the administration to rethink the “ban” and come up with a workable immigration plan? BO did it. Instead this POTUS is intent of using insults and derogatory comments to try and get what he wants. It’s all about the show with this guy. He needs to keep quiet and let his experts fashion a workable program with in the confines of our constitution. Too hard to do?

  18. biggerdog says:

    As expected, no big surprise. The Republicans will soon split the 9th circuit into 2. The new 9th circuit will represent california, oregon, and Hawaii. Washington, Idaho, Montana, Nevada and Arizona will become a new circuit. It takes them 15 months to hand down decisions and they are mostly overturned. Patience.

  19. wn says:

    I’m disappointed and disagree with their decision. However it will be appropriately be taken to the next level. 🙂

  20. sailfish1 says:

    At least Trump tried. If a terrorist attack happens in the U.S. by these refugees, Trump can blame the court. Remember, better safe than sorry.

  21. latenightroach says:

    No problem.
    Just sue the kangaroo court if something happens, because if anything does, the blood is on their hands now.

  22. GoldenDisk says:

    This case was only for the temporary restraining order preventing the 90 day ban from going into effect. Now the real case will proceed on whether the 90 day ban will be allowed or not. Both sides will do research and present more comprehensive arguments.
    Don’t forget that the Executive Order has more provisions which could create future litigation. Within 30 days of the EO signing (2/26/17), the Administration will to report to President Trump on what additional information is required for applicants of Visas to prevent terrorists from slipping through. All countries in the Visa program will be notified of the additional information required. If the countries are not able to provide the additional information within 60 days, their citizens will be barred from entry until the extra information is supplied. This will apply to all countries, not just the seven under the temporary ban.

  23. Qbcoach15 says:

    “THE SECURITY OF OUR NATION IS AT STAKE”
    That’s the same thing we told the morons that voted you in.

    Oh man, ALL CAPS? This guy means business! Can you imagine, 100 years from now, this being in the history books? “And on this date in 2017, President Trump Tweeted “SEE YOU IN COURT.” Not since Lincoln’s Gettysburg Address in 1863 had Americans been treated to such a moving, articulate display of leadership.”

    • latenightroach says:

      His teenage tweets have mysteriously resulted in my 401k plan doubling in value since the election. I’ll take that over politically correct sanitized words which have only yielded .01% quarterly earnings for me prior to that. My deplorable message to you is “You’ll TANK us latah”.

  24. NP5491 says:

    Yes, everybody has their own opinion, but here’s the winner. Forget the current EO, do with it as they see fit, leave with the 9th CC or push it to the SCOTUS. But at this moment submit a new and specific revised EO that supersedes the original EO to DHS, DOS. DOJ, and whoever needs to know, and execute it immediately. To hell with playing with the lives of American citizens, over a bunch of aliens. Remember, American FIRST. Quit all the BS, name-calling, just go for it. Let them read it and weep.

  25. ready2go says:

    It’s now time to shut his mouth and get to work. As they say in Papakolea — open your mouth too much and the flies will go into it. Less talking and focus on more work leads to success.

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