Court with Most Overturned Decisions Halts Immigration Ban

Judges Richard R. Clifton, William Canby, and Michelle T. Friedland

Ninth Circuit Court of Appeals upholds restraining order against Trump’s immigration ban

Washington, D.C. – The Ninth Circuit Court of Appeals have upheld the restraining order against President Donald Trump’s executive order on immigration.

In a unanimous decision, a three judge panel decided to uphold the nationwide restraining order on Trump’s immigration ban issued by Judge James Robart last week.

Lawyers from Minnesota and Washington, which sued the administration, argued that the executive order hurts everything from their economy to higher education institutions. The Trump administration maintained that the executive order is a matter of national security. They also have pushed back stating the order was legal under the authority of Title 8 of the United States Code, Section 1182 paragraph (f):

(f) SUSPENSION OF ENTRY OR IMPOSITION OF RESTRICTIONS BY PRESIDENT

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

The Ninth Circuit Court of Appeals is the most overturned court in the nation. In 2012, the Supreme Court reversed 86% of the decisions it reviewed from the Ninth Circuit. Trump released a tweet following the decision indicating the decision might go to the Supreme Court.

Some experts don’t think the administration should appeal to the Supreme Court. Jay Sekulow, Chief Counsel of the American Center for Law and Justice (ACLJ), issued a statement urging the administration to reissue the executive order that would clarify the areas the Ninth Circuit misinterpreted.

“We also urge President Trump to reissue the Executive order clarifying areas the court misinterpreted, undercutting this flawed decision, and allowing for an order to be immediately implemented protecting our national security,” Sekulow wrote.

The full decision can be read here.