You’ll see this being erroneously reported as them denying the travel ban. The appeals court judge is asking for the emergency motion against the Seattle judges restraining order to have written arguments, with opponents brief due today, DOJ’s brief due Monday afternoon. Likely decision Monday night.
Beyond the question of the travel ban is the greater question of the right of the executive branch to decided such matters in general and not to have that power usurped by the judicial branch.
WASHINGTON — A federal appeals court denied early Sunday the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.
The 9th U.S. Circuit Court of Appeals in San Francisco instead asked challengers of the ban respond to the appeal filed by the Trump administration late Saturday night, and for the Justice Department to file a counter-response by Monday afternoon.
The Trump administration declared that a federal judge in Seattle overstepped his authority by temporarily blocking the ban nationwide. Now the higher court’s denial of an immediate stay means the legal battles will continue for days at least.
Acting Solicitor General Noel Francisco forcefully argued Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that invokes the wider battle to come over illegal immigration.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.