Appeals court unanimously denies reinstatement of Muslim ban, and Trump is not taking it well
The petulant, all-caps tweet from Donald Trump said it all, even if you had not yet heard the news: SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE! — Donald J. Trump (@realDonaldTrump) February 9, 2017 That tweet was in response to the 9th Circuit Court of Appeals ruling denying the Trump […]
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
That tweet was in response to the 9th Circuit Court of Appeals ruling denying the Trump administration’s motion for an emergency stay of a lower court ruling suspending Trump’s Muslim ban. The style of the tweet was likely in response to the Washington State Attorney General’s Office, which delivered the news in similar, yet jubilant, fashion:
DENIED. UNANIMOUS. PER CURIUM.
— Attorney General Bob Ferguson (@AGOWA) February 9, 2017
That means the decision was unanimous, and Trump’s tweet is all the more hollow given that his own past rhetoric played a major role in the hearing, and alongside the three-judge panel’s conclusion (emphasis mine):
To rule on the Government’s motion, we must consider several factors, including whether the Government has shown that it is likely to succeed on the merits of its appeal, the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay. We assess those factors in light of the limited evidence put forward by both parties at this very preliminary stage and are mindful that our analysis of the hardships and public interest in this case involves particularly sensitive and weighty concerns on both sides. Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would causeirreparable injury, and we therefore deny its emergencymotion for a stay., nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.
The ruling comes on the heels of an all-out assault by Trump on the independence of the judicial branch that has tainted his Supreme Court nominee, and as welcome news to those resisting Trump’s nascent despotic regime. In response to the news, DNC Interim Chair Donna Brazile issued the following statement:
Let’s be clear: This is a massive blow to the White House. The court upheld that we do not discriminate based on religion. That is what terrorists do, and what terrorists want us to do. From the four-month-old infant with a heart defect kept away from the surgery she needs in the U.S. to the handcuffed 88-year-old blind man denied a wheelchair, thousands of decent, peaceful people have already been hurt, and all of us are less safe. President Trump still lacks the judgment to see the pointless chaos and harm he has caused – our courts, thankfully, do not. We are confident this ruling will stand.
In another statement, Senate Democratic Leader Chuck Schumer called on Trump to abandon this cruel and discriminatory policy:
President Trump ought to see the handwriting on the wall that his executive order is unconstitutional. He should abandon this proposal, roll up his sleeves and come up with a real, bipartisan plan to keep us safe.
House Democratic Leader Nancy Pelosi also released a statement, calling the ruling a victory in the fight against terrorism:
The 9th Circuit’s unanimous ruling is a victory for our Constitution and our fight against terrorism. National security experts have urgently warned us that the President’s ban is not just immoral and unconstitutional, but downright dangerous.
This Administration’s recklessness has already done significant harm to families, and undermined our fight against terror. For the sake of our values and the security of America, Democrats will continue to press for President Trump’s dangerous and unconstitutional ban to be withdrawn.
Trump’s tweet will certainly not be the last we hear of his odious plans, but if the judges on the 9th Circuit are correct, this may be the last we hear of the Muslim ban.
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