“The court has received appellants’ emergency motion. Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.
Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.”
See Appeals court denies immediate reinstatement of Trump travel banYes! At least one court is not willing to put the world on Trump’s yo-yo. The United States Court of Appeal for the Ninth Circuit is taking its job seriously unlike Trump who dashes off an executive order without proper consideration of effects and constitutionality. A suspension of his travel-ban until the proper review is done is the right thing to do. Thanks to the lawyers and courts for working overtime to do the right thing.
The question comes to my mind, if Trump has several constitutional violations in two weeks in office, how long will it be before Congress impeaches him? Will USA be free of Trumpism by summer?
See also, the court’s page on State of Washington & State of Minnesota v. Trump
“Invoking his constitutional authority to control the entry of aliens into this country and congressionally delegated authority to “suspend the entry of * * * any class of aliens” whose entry “would be detrimental to the interests of the United States,” the President has directed a temporary 90-day suspension of entry for individuals from seven countries previously identified as posing a heightened risk of terrorism by Congress or the Executive Branch; a temporary 120-day suspension of the U.S. Refugee Admissions Program; and a suspension of entry of Syrian nationals as refugees until the President determines that measures are in place “to ensure that admission of Syrian refugees is consistent with the national interest.””
That’s from Trump’s request to lift the stay on his ban. Of course it begs the question of why 700K immigrants over the years from these countries posed no serious problem but now each and every immigrant/visitor must now be banned for a period of time while Trump gets to claim he’s fulfilling a campaign where he promised to “ban Muslims”… Clearly, the entry of these people is not detrimental to the USA as there exists an abundance of testimony by individuals and organizations foreign and domestic. Trump has to prove his belief is warranted under the circumstances to justify the ban. Further, a review of vetting could have been done while normal traffic continued. There just wasn’t an emergency requiring a ban. So Trump’s main argument does not hold water while the states’ arguments are full of rationality. Trump is the enemy of USA, not refugees and immigrants. USA is a country made of refugees and immigrants. Even Trump is descended from immigrants, one a refugee from compulsory military service and another a refugee from poverty. Should they have been banned? Germany later became an enemy on the battlefield. Perhaps Trump’s citizenship should be revoked retroactively and without due process just as he wants today to do with visas and green cards of legitmate refugees and immigrants and visitors by the thousands.