Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Appeals court upholds lower court ruling to suspend Trump's travel ban

The states of Washington and Minnesota said President Trump's order of a travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.   [Getty Images]

The states of Washington and Minnesota said President Trump's order of a travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion. [Getty Images]

SAN FRANCISCO — A federal appeals court refused Thursday to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations.

The panel of three judges from the 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

Shortly after the ruling, Trump tweeted: "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation's refugee program and immigration from countries that have raised terrorism concerns.

Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.

The states said Trump's travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.

Both sides faced tough questioning during an hour of arguments Tuesday conducted by phone — an unusual step — and broadcast live on cable networks, newspaper websites and social media. It attracted a huge audience.

The judges hammered away at the administration's claim that the ban was motivated by terrorism fears, but they also challenged the states' argument that it targeted Muslims.

"I have trouble understanding why we're supposed to infer religious animus when, in fact, the vast majority of Muslims would not be affected," Judge Richard Clifton, a George W. Bush nominee, asked an attorney representing Washington state and Minnesota.

Only 15 percent of the world's Muslims are affected by the executive order, the judge said, citing his own calculations.

"Has the government pointed to any evidence connecting these countries to terrorism?" Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked the Justice Department attorney.

The lower-court judge 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. Robart put the executive order on hold while the lawsuit works its way through the courts.

After that ruling, the State Department quickly 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 round the country.

The Supreme Court has a vacancy, and there's no chance Trump's nominee, Neil Gorsuch, will be confirmed in time to take part in any consideration of the ban.

The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. The administration also could change the order, including changing its scope or duration.

Appeals court upholds lower court ruling to suspend Trump's travel ban 02/09/17 [Last modified: Thursday, February 9, 2017 6:47pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Review: Arcade Fire open hearts, play with passion at the USF Sun Dome in Tampa

    Blogs

    Gloves off, hearts open and disco balls glittering, Arcade Fire scaled the stage for the first time ever in Tampa, pouncing and flailing and performing with all the passion that’s made them one of the world’s most celebrated rock bands this century.

    Arcade Fire performed at the USF Sun Dome in Tampa on Sept. 22, 2017.
  2. Lightning's Steven Stamkos looks close to top form in first game since November

    Lightning Strikes

    TAMPA — The wait felt like forever for Lightning captain Steven Stamkos, having gone 10 months without playing in a game.

    A scramble in front of the Lightning goal has Matthew Peca, far left, and Erik Cernak, middle, helping out goalie Andrei Vasilevskiy during the third period of a 3-1 win against the Predators. Vasilevskiy, who made 29 saves, was “exceptional,” coach Jon Cooper says.
  3. Rays journal: Alex Cobb may have pitched last game in Rays uniform (w/video)

    The Heater

    BALTIMORE — RHP Alex Cobb pitched well enough to lead the Rays to an 8-3 win over the Orioles on Friday.

    Wilson Ramos gives thanks after hitting a grand slam during the second inning, putting the Rays up 4-0.
  4. Steven Souza Jr. vindicating big trade for Rays

    The Heater

    BALTIMORE — There was a time when the three-team, 11-player transaction the Rays orchestrated to get Steven Souza Jr. from the Nationals looked liked a bad deal.

    The Rays’ Steven Souza Jr. has 30 home runs this season while improving his defense and baserunning but wants to improve on his .236 batting average.
  5. Fennelly: Lightning's Manon Rheaume made history 25 years ago Saturday

    Lightning Strikes

    The name is part of Lightning history, hockey history, sports history.

    Lightning goalie Manon Rheaume became the first woman to play in an NHL game 25 years ago today.