9th Circuit Court of Appeals in battle with Trumps ‘s travel ban

Feb 6, 2017 | News

By: Neha Lobana

The next few days could determine the future of U.S President Donald Trump’s executive orders as the 9th Circuit Court of Appeals has received written arguments by those challenging the halt of the Muslim ban.

Justice department lawyers are said to respond by 6 p.m. this evening.

The announcement comes after a  Washington judge, James Robart, suspended Trump’s executive order on Friday against the travel ban on seven Muslim majority countries nationwide.

Robart found the order not “rationally based” as individuals from the banned countries have not been arrested in the United States on terrorism charges since 9/11.

In response, Trump took to Twitter on Saturday calling Robart a “so-called judge” and described  his order as ‘’ridiculous.’’ Trump went further to say that if anything happens, Judge Robarts is to blame.

Acting Solicitor General, Noel Francisco, argued in favor of President Trump’s order against Judge Robarts on Saturday night by saying Trump solely has the power to decide who can stay and enter the United States.

“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.

But Attorneys general for Washington and Minnesota say the suspension of the travel ban should remain in place as the President has “unleashed chaos” by enforcing it.

The two state attorneys put forward several legal arguments citing that it violates the First Amendment to the Constitution because it shows government preference for one religion over another. It also breaches the Equal Protection Clause, part of the 14th Amendment, because it discriminates based on religion and origin.

As written arguments are being received by the 9th Circuit Court of Appeals, the chance of a ruling coming out could come at any time, although it will likely happen within a week.

The court is considered most liberal with 18 judges named after Democratic presidents and only seven by Republicans.

Depending on the outcome the court makes, there is a significant chance that the opposing side will go to the Supreme Court afterwards.