Trump trumped — or: Federal Appeals Court upholds injunction against executive order

The United States Court of Appeals for the Ninth Circuit in the case of Washington & Minnesota (States of) v Trump & ors, by order dated 9 February 2017, has DENIED the motion by the defendants for a stay of an order of the United States District Court for the Western District of Washington, James L. Robart, District Judge, Presiding, on 3 February, restraining the defendants from enforcement of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” aka the so-called “Muslim Travel Ban”. (See Weekly Notes — 6 February 2017)

You can read the Appeal Court’s opinion here.

As expected, the President was not slow to tweet his displeasure.

The question now, given that the case will almost certainly go to the US Supreme Court, is whether that court when it hears the appeal will include on its bench the President’s own nominee, Judge Neil Gorsuch, or whether, as some have suggested, that judge should recuse himself by reason of his association with Mr Trump. I am not altogether sure why he should, since he will have sworn to uphold the Constitution, but in any event he appears to have distanced himself from Mr Trump’s verbal attacks on the judiciary in recent days, describing them as “disheartening” and “demoralising”, according to NBC News

See also:

ABC News, Donald Trump slams US appeals court decision upholding suspension of controversial travel ban

Lawfare: How to read and how not to read today’s 9th Circuit opinon

Independent: Melania Trump’s immigration lawyer leads fight against her husband’s ‘Muslim ban’

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The ICLR publishes The Law Reports, The Weekly Law Reports and other specialist titles. Set up by members of the judiciary and legal profession in 1865.

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