US: Trump loses bid to restart travel ban while court hears appeals

A US appeals court declined to immediately reinstate President Donald Trump’s immigration restrictions, leaving visa holders and refugees from seven predominantly Muslim nations free to travel to the US as arguments over the president’s authority wind toward a possible Supreme Court showdown. The action in San Francisco followed moves by the departments of Homeland Security and State on Saturday to revert to rules in place before the president acted, even as Trump’s administration expressed outrage over a Friday ruling in Seattle blocking the order. The appeals court ordered the states of Minnesota and Washington, which won their challenge at the lower court, to respond to the Trump administration’s arguments before midnight Sunday, with the Justice Department getting until Monday to submit final arguments for enforcing the ban while the court battle continues. Trump’s efforts to reinstate his order will hinge on whether the Justice Department can convince an appeals court of mostly Democratic appointees -- and possibly a divided Supreme Court -- that the executive branch alone has authority on matters of national security. “It’s quite clear that the president has the ability to determine who has access to this country when it comes to national security,” VP Mike Pence said. “We’re going to move very quickly into the merits of this argument, and we’re going to win this argument.” The Justice Department isn’t immediately asking the US Supreme Court to rule given the “fast briefing schedule” requested by the appeals court, said Peter Carr, a department spokesman. US District Judge James Robart ’s ruling in Seattle on Friday was the most comprehensive legal admonishment of Trump’s executive order prohibiting immigrants, students, temporary workers and others from Syria, Iraq, Iran, Sudan, Somalia, Yemen and Libya from entering the US for 90 days. Judges in Brooklyn, New York; Alexandria, Virginia; and Los Angeles have issued orders that are less sweeping.<br/>
Bloomberg
https://www.bloomberg.com/politics/articles/2017-02-05/court-denies-justice-request-to-immediately-reinstate-ban
2/5/16