Can Trump Fix His Travel Ban Executive Order?: QuickTake Q&A
- Author: Delia Davidson Feb 18, 2017,
Feb 18, 2017, 0:49
While the Justice Department in a Thursday filing harshly criticized this past week's ruling of the US Court of Appeals for the Ninth Circuit that refused to allow the government to begin enforcing the executive order while the litigation is ongoing, the department nonetheless asked for the appeals court "to hold its consideration of the case until the President issues the new Order".
Trump's order, which he signed January 27, had banned entry to the United States by residents of seven Muslim-majority countries - Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen - for 90 days.
Given the plans for the new executive order, Trump administration officials said they would no longer pursue an appeal of the 9th Circuit's hold on the previous order.
As the country struggles through this rather long adjustment period to the new presidency, it is becoming increasingly clear that the new leader of our nation is a big fan of executive power. "President Trump could have sought review of this flawed Order in the Supreme Court but declined to face yet another defeat".
The administration said in a court filing on Thursday that the focus of the current ban is on foreigners who have never entered the US and visa holders who have left the country and want to return. Given the heavy liberal balance of the San Francisco-based appeals court, the same eventual outcome was likely. "We can tailor the order to that decision and get just about everything, in some ways more".
A Federal judge in Seattle said the lawsuit against President Donald Trump's travel ban can proceed in lower court, siding with lawyers for Washington state and Minnesota. It first surfaced in May 2016 when he attacked U.S. District Court Judge Gonzalo Curiel of the Southern District of California for being "Mexican" and therefore unable to reach a fair verdict in a case against Trump University.
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If a majority of the appellate court's active judges vote to rehear the case, the 11-judge panel would be made up of the circuit's chief judge and 10 judges chosen at random, according to The New York Times.
Trump said that the new order, which will be shortly issued, will address the issues raised by the court, however, he added that the court had taken a "bad decision" in suspending the order.
Lawyers for Washington state and Minnesota, which are challenging the ban, urged Robart to order the parties to start exchanging information in preparation for trial. "And the Pew Research Center estimates that the Executive Order 'would affect only about 12 percent of the world's Muslims'".
The Justice Department argued, in part, that Trump's decision was "unreviewable" because it pertained to the president's authority to direct national security. In a news conference that ran more than an hour on Thursday, Trump said that "the roll out [of the executive order] was ideal". He is seen by some as a sign that Trump was forced to give up a more aggressive policy on worker issues.
The president's original executive order, temporarily blocking all refugees from entering the USA and barring travelers from seven majority-Muslim countries, prompted chaos, protests and lawsuits as officials and travelers grappled with its implications. Eighteen other states, including California and NY, supported the challenge.
The order, he wrote, "is emphatically not a 'Muslim ban'".