Friday afternoon, U.S. District Judge James Robart in Seattle issued a temporary restraining order, barring the federal government from acting on President Donald Trump’s temporary travel ban from seven countries with Islamist terrorism problems.
The White House is now pushing back in the 9th Circuit Court of Appeals to have that restraining order lifted. But, because it’s working through the most liberal appeals court in the country, it’s a process that will likely be drawn-out.
The restraining order was issued after Washington State Attorney General Robert Ferguson, a Democrat, filed a lawsuit against the federal government over the travel ban. Robart was appointed to the federal bench by President George W. Bush, and during Friday’s hearing, complained that Trump’s order targeted countries that have not produced a single terrorist attack against the U.S.
The president slapped back with a comment on Twitter:
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
The Department of Justice immediately appealed the decision to the 9th Circuit and sought an emergency stay, but the appeals court rejected that motion. In its brief to the court, the government wrote:
“The injunction contravenes the constitutional separation of powers; harms the public by thwarting enforcement of an executive order issued by the nation’s elected representative responsible for immigration matters and foreign affairs; and second-guesses the president’s national security judgment about the quantum of risk posed by the admission of certain classes of aliens and the best means of minimizing that risk.”
Click here to read the entire motion.
The 9th Circuit did not immediately issue a stay, but is likely to do so after a review of the two positions in the coming days. The Constitution and federal law both give the president the authority to initiate a travel ban, as has been done numerous times over the six previous presidencies without a court challenge.
A similar restraining order issued by a federal judge in Boston expired Sunday. No new order will be issued, the court said. Meanwhile, a federal judge in Virginia is allowing a broader case against the order—one that deals with all “green card” holders—to proceed.
Also on Sunday, Vice President Mike Pence commented on the matter during an interview with NBC News’ Chuck Todd on Meet the Press. He first argued the constitutionality of the order under Article II, and then stated the order was something a majority of Americans want enacted.
“I truly do believe that a majority of the American people are grateful that we have a president who is willing to take decisive action, use the authority he has under the Constitution and the law, to pause with regard to these seven countries and rethink the way that we admit people into America,” he said. “We live in a dangerous world. I think the American people welcome a president as decisive as President Trump.”
Todd tried to argue the president shouldn’t have criticized Robart’s decision. Pence immediately shot him down, saying that not only did Trump have the right to do so, but he had a historic responsibility to do so.
“Well, look, the president of the United States has every right to criticize the other two branches of government, and we have a long tradition of that in this country,” he said. “The judge’s actions in this case, making decisions about American foreign policy and national security, it’s just very frustrating to the president, to our whole administration, to millions of Americans who want to see judges that will uphold the law and recognize the authority the president of the United States has under the Constitution to manage who comes into this country.” {eoa}
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