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

Washington state Solicitor General Noah Purcell said on Tuesday the travel ban reinstating the travel ban without a full judicial review would throw the country “back into chaos.”

He also said the ban had separated families, stranded students overseas, and left people in doubt about whether they should travel because of the uncertainty of whether they could come back.

Washington ruling

Robart 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. The judge put the executive order on hold while the lawsuit works its way through the courts.[xyz-ihs snippet=”Adsense-responsive”]Soon after his ruling, the State Department 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 around the country.

The federal government could ask the 9th Circuit to have a larger panel of judges review the decision, or it could appeal directly to the U.S. Supreme Court.

Supreme Court

In appealing to the Supreme Court, the administration would need five of the eight justices to vote in its favor.

However, the court is currently evenly divided 4-4 between liberals and conservatives. If the Supreme Court justices were to tie 4-4 in its decision, the lower court’s ruling would stand.

Trump’s ban was set to expire in 90 days, meaning it could run its course before the high court can take up the issue. The administration also could change the order, including altering its scope or duration.

The president said the order was vital for national security. But critics said the ban discriminated against Muslims, and they questioned its value as a security measure.

National security veterans, major U.S. technology companies and law enforcement officials from more than a dozen states backed the legal effort against the ban.

The 9th Circuit Court of Appeals ruling on President Donald Trump’s travel ban.

Source:VOA

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