Travel Ban Grounded, 9th Circuit Next Stop

[UPDATED] Two judges of the 9th U.S. Circuit Court of Appeals left in place a Seattle judge’s order that blocked the President’s travel ban from seven Muslim countries. The appeals order is temporary, to give time for the other side to file papers opposing the government’s stay request. The last documents are due Monday, Feb. 6, so no action is likely until the end of the day Monday or later.

In a defeat for the Trump Administration, a Seattle federal judge imposed a nationwide block on President Trump’s executive order that temporarily barred refugees from seven Muslim-dominated countries from entering the U.S.

The White House almost immediately pledged to appeal the order, which would go to the 9th U.S. Circuit Court of Appeals in San Francisco because it has jurisdiction over appeals from Washington state.

Should the Department of Justice appeal the ruling it would go to an emergency motions panel of the 9th Circuit.  The appeals court assigns three-judge motions panels on a monthly basis to hear all emergency requests. For the month of February, Judges William Canby, Richard Clifton and Michelle Friedland are assigned to hear emergency motions.

The executive order by Trump on January 27 caused chaos at airports around the country as citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, who had been given visas earlier to enter the U.S. were blocked at airports around the country.

In addition, at least another 60,000 visas previously granted were suspended in the wake of the order, although some lawyers from refugees said the number was closer to 100,000.

Washington state sued the Trump Administration arguing the travel ban harmed the state by adversely affecting employment, education, business, family relations and freedom to travel.

U.S. District Judge James Robart agreed with the state and found it med the burden of demonstrating it would face immediate and irreparable injury unless the order was blocked.

View the oral argument before Judge Robart in Seattle here.

Case: State of Washington v. Trump, No. 17-141

 

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