INQUISITR.COM / News & Politics

Trump Rages With ‘See You In Court’ After 9th Circuit Ruling Rejects Travel Ban

By Page Mackinley
Published on: 06:18 PST, Feb 10, 2017

President Donald Trump is definitely not happy. Following the unanimous decision of the U.S Court of Appeals for the Ninth Circuit ruling against reinstating Trump’s travel ban on Thursday, almost immediately after the leader of the free world tweeted — in caps — “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

By which, Trump means his administration via the Department of Justice (DOJ) will pursue a reinstatement of the Muslim-centric executive order in the highest court in the land. Namely, the Supreme Court.

The following morning (Friday, February 10), the still clearly enraged Trump tweeted a quote from Lawfare, a legal blog on national security law, and added his own damning verdict on the court’s ruling.

Trump tweeted, “LAWFARE: “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.” A disgraceful decision!”

However, The Hill noted, the article that Trump cited test from actually supported the appeal court’s decision.

A three-judges panel in the case of State of Washington Vs. Trump unanimously upheld the ruling of District Court Judge James Robart who put a temporary restraining order on the immigration executive order signed by Trump on January 27.

The executive order bars visitors from seven Muslim-majority countries noted by Trump’s administration from entering America for 90 days. The entire U.S. refugee program was also suspended for 120 days, while Syrian refugees were suspended indefinitely.

The Ninth Circuit Court of Appeals first decided not to lift Judge Robart’s temporary restraining order in an emergency hearing on February 5 pending a full hearing.

That hearing was heard the following Tuesday via a conference call with a lawyer acting for Washington and Minnesota state and also a special counsel for the DOJ after Trump’s administration urged the appeals court to lift the temporary order which suspended the president’s immigration executive order.

The court had to decide whether to lift or leave the ruling stopping the ban in place. The lawyer for the states argued that Trump’s travel ban is unconstitutional. The DOJ’s lawyer argued that not lifting a ban would pose a risk to national security.

“Well, the President determined that there was a risk,” DOJ lawyer August Flentje told the judges on Tuesday.

Washington Solicitor General Noah Purcell argued that Trump and some of his advisers had — unwittingly — exposed their intent to execute a ban that effectively discriminated against Muslims in public statements.

He also argued that the DOJ had not proved that “irreparable harm” would result if the temporary restraining order wasn’t lifted. Purcell claimed that the states had suffered harms as result of the travel ban.

Purcell said, “We had students and faculty at our state universities who were stranded overseas.”

He added, “We had families that were separated. We had long-time residents who could not travel overseas to visit their families without knowing that they would be able to come back.”

In end, the judges agreed with the states in the decision and found that the Trump administration and advisers had intended to show “disfavor” to Muslims with the ban. The judges wrote 29-page opinion in support of their judgment.

The Ninth Circuit judges included a rebut to claims of unreviewability in their opinion which essentially stated that such a claim is contrary to the fundamental structure of the U.S.’constitutional democracy.

From the judges’ opinion:

Trump’s enraged reaction to the ruling prompted by wave of trolling on Twitter from normal Twitter users, media and legal commentators, politicians across-the-board, celebrities, and even Hillary Clinton, who tweeted, “3-0.”

Fox News senior judicial analyst Andrew Napolitano condemned the ruling as “precisely the wrong thing for the court to do.”

“The decision to ban is not reviewable,” the former New Jersey Supreme Court judge insisted in an interview on Fox’s Special Report immediately after the decision.

Also post-ruling, journalists tweeted that President Trump gave an impromptu statement about the court of appeals to reporters in the West Wing, calling it a “political decision” and reiterating his Twitter vow to fight in court.

Similarly,Tom Cotton, Republican Senator for Arkansas, said of the Ninth Circuit ruling on Trump’s immigration order, “This misguided ruling is from the Ninth Circuit, the most notoriously left-wing court in America.”

Senate minority leader, Chuck Schumer, tweeted, “Pres Trump ought to see the writing on the wall, abandon proposal, roll up his sleeves & come up w/ a real, bipartisan plan to keep us safe.”

Meanwhile, Kellyanne Conway, counselor to Trump, told Fox News, “This ruling does not affect the merits at all. It is an interim ruling, and we’re fully confident now that we’ll get our day in court and have an opportunity to argue this on the merits, and we’ll prevail.”

Meanwhile, while some think the Trump administration will eventually seize the day over the travel ban and others don’t, James Clapper former spy chief/former head of national intelligence told CNN, “I don’t know of any intel that proves need for Trump travel ban.”

From hereonin, the immigration order and temporary restraining order are ultimately Supreme Court-bound. Further relevant information on this zeitgeist subject can be found in the links below.

[Featured Image By Chris Kleponis-Pool/Getty Images]

Share this article: Trump Rages With ‘See You In Court’ After 9th Circuit Ruling Rejects Travel Ban
supreme court
More from Inquisitr