A federal appeals panel on Thursday unanimously rejected President Trump’s bid to reinstate his ban on travel into the United States from seven largely Muslim nations, a sweeping rebuke of the administration’s claim that the courts have no role as a check on the president.
The three-judge panel, suggesting that the ban did not advance national security, said the administration had shown “no evidence” that anyone from the seven nations — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — had committed terrorist acts in the United States.
The ruling also rejected Mr. Trump’s claim that courts are powerless to review a president’s national security assessments. Judges have a crucial role to play in a constitutional democracy, the court said.
“It is beyond question,” the decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”
The decision was handed down by the United States Court of Appeals for the Ninth Circuit, in San Francisco. It upheld a ruling last Friday by a federal district judge, James L. Robart, whoblocked key parts of the travel ban, allowing thousands of foreigners to enter the country.
The appeals court acknowledged that Mr. Trump was owed deference on his immigration and national security policies. But it said he was claiming something more — that “national security concerns are unreviewable, even if those actions potentially contravene constitutional rights and protections.”
Within minutes of the ruling, Mr. Trump angrily vowed to fight it, presumably in an appeal to theSupreme Court.
“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” Mr. Trump wrote on Twitter.
At the White House, the president told reporters that the ruling was “a political decision” and predicted that his administration would win an appeal “in my opinion, very easily.” He said he had not yet conferred with his attorney general, Jeff Sessions, on the matter.
The Supreme Court remains short-handed and could deadlock. A 4-to-4 tie there would leave the appeals court’s ruling in place. The administration has moved fast in the case so far, and it is likely to file an emergency application to the Supreme Court in a day or two. The court typically asks for a prompt response from the other side, and it could rule soon after it received one. A decision next week, either to reinstate the ban or to continue to block it, is possible.
The travel ban, one of the first executive orders Mr. Trump issued after taking office, suspended worldwide refugee entry into the United States. It also barred visitors from seven Muslim-majority nations for up to 90 days to give federal security agencies time to impose stricter vetting processes.
Immediately after it was issued, the ban spurred chaos at airports and protests nationwide as foreign travelers found themselves stranded at immigration checkpoints by a policy that critics derided as un-American. The State Department said up to 60,000 foreigners’ visas were canceled in the days immediately after the ban was imposed.
The World Relief Corporation, one of the agencies that resettles refugees in the United States, called the ruling “fabulous news” for 275 newcomers who are scheduled to arrive in the next week, many of whom will be reunited with family.
