The United States Court of Appeals for the Ninth Circuit has provided another blow to the Trump Administration’s actions regarding immigration. A three judge panel ruled in a similar manner as lower courts had.
The panel consisted of two who had been appointed by Democratic Presidents while one was appointed by a Republican President. Some had believed this may provide insight into how the San Francisco based court would rule. However, they did unanimously rule against President Donald Trump’s executive actions taken on immigration and refugees.
A 29 page ruling explained why the decision was made the way it was. The plaintiffs in the case were Washington State and Minnesota. Attorney Generals from the two states had both filed a lawsuit in federal court objecting to Trump’s actions. Additionally, tech companies like Facebook, Google, and Apple who all said in court papers that the actions would create issues in their business globally.
Much of the court deliberations included Trump’s rhetoric used on the campaign trail. Although the vast majority of Muslims across the world remain unaffected by the ban, the Washington Solicitor General Noah Purcell argued that his campaign rhetoric which included proposing a “total and complete shut down” of Muslims entering the United States. Purcell stated of Trump’s past comments, “It’s remarkable to have this much evidence of intent.”
In the unanimous majority opinion, the court claims the public “has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination,” this decision will certainly be read thoroughly over the next days and weeks, as the ramifications can certainly be very important should this case go before the Supreme Court.
It is expected the United States Department of Justice will continue to appeal the decision to the Supreme Court of the United States. However, with a court that is gridlocked with only eight Justices, it is unclear exactly how that would end up. If Justice Kennedy were to rule with the three other Republican appointees on the Supreme Court, which is not a guarantee, then the decision of the Appeals Court would be upheld.
Interestingly, Donald Trump has announced that he will be nominating Neil Gorsuch to fill the seat which was formerly held by the late Antonin Scalia. It is unclear how long it will be until this vacancy is filled, although it is expected the Democrats in the Senate will filibuster the nomination.
What do you think? Was the court correct in its ruling? Let HYPELINE News know what you think in the comments!