[UPDATE: The full text of 9th Circuit opinion can be found here. It’s a beatdown on every single argument advanced by the government. Here’s a taste:
The Government does not merely argue that courts owe substantial deference to the immigration and national security policy determinations of the political branches—an uncontroversial principle that is well-grounded in our jurisprudence. Instead, the Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections. The Government indeed asserts that it violates separation of powers for the judiciary to entertain a constitutional challenge to executive actions such as this one.
There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy. Within our system, it is the role of the judiciary to interpret the law, a duty that will sometimes require the “[r]esolution of litigation challenging the constitutional authority of one of the three branches.” We are called upon to perform that duty in this case.
Trump’s thoughtful, considered response to the court ruling, issued as usual on Twitter, where as everyone knows all deep conversations are held.
[ORIGINAL POST FOLLOWS]: Within the past several minutes, the Post reports that a three judge panel has upheld the injunction against Herr Trump’s immigration executive order.
Twitter should be fun tomorrow morning.
A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S.
A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive.