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The panel of three judges on the 9th U.S. Circuit Court of Appeals unanimously refused to reinstate the order after a federal judge had issued a halt to it last week in Washington State.
According to a Fox News report, the court ruled that the government has not presented “any evidence” of a sufficient national security threat from the seven countries in question.
Shortly after the court decision was announced, Donald Trump told the White House press pool that “it’s a political decision and we’ll see them in court…it is a decision that we will win in my opinion very easily.”
He also took his defiance to Twitter:
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Fox News is reporting the following details:
Top presidential adviser Kellyanne Conway told Martha MacCallum on “The First 100 Days” that she could not specify if Trump meant he would take it to the Supreme Court, but there were “different options” open to the White House.
She added that the ruling “does not affect the merits at all.”
Trump issued the executive order, which placed a 90-day pause on immigrants from Iraq, Iran, Syria, Yemen, Libya, Somalia and Sudan, on Jan. 27, causing chaos and outrage at airports across the country. The order also imposed a 120-day pause on all refugees, and an indefinite pause on refugees from Syria.
The case was given to the appeals court after a Seattle federal judge last week ordered a halt to Trump’s order. Judge James Robart issued a temporary restraining order after Washington state and Minnesota both sued.
Attorneys from the Justice Department appealed Robart’s ruling, arguing that the president’s executive power gives him the authority to place restrictions on people coming into the country.
However, the court ruling disagreed with that argument:
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” the court ruled.