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Appeals Court Rules Against Trump, Keeping Ban on Hold For Now


Appeals Court Rules Against Trump, Keeping Ban on Hold For Now

Common Dreams staff

In the latest legal blow to President Donald Trump's attempt to institute a controversial immigration and travel ban targeting seven predominantly Muslim nations, the Ninth Circuit Court of Appeals on Thursday unanimously sided with a lower court which earlier this week imposed an injunction against Trump's executive order.

Reuters reports:


One more step back toward sanity.


Jerk in Chief isn’t going to be happy!

Judicial Branch awaits his next effing Tweet.


Oh, the tweet is out: “See you in court. The security of our nation is at stake.” But when he bumped into MSNBC’s Casie Hunt in the hallway (en route to dinner with Tillerson and Sheldon Adelman, make what you will of that), he told her it was no big deal.


At some point didnt Trump say they would show deference to christian people coming to the US from the banned countries? I find it strange that they didnt use that to also show it was against mulims?


Only took about 10 minutes…


I think that might have been cited by the court, from what I’m hearing.


Brace yourselves, everyone: I feel a tweetstorm comin’ on
Heavens to Murgetroid!


Sorry, misidentified the reporter in the hallway: Kelly O’Donnell. Just heard the replay, with transcript. djt claimed he would win in the higher court “very easily,” even though he doesn’t even promise to nominate a Solicitor General until next week. No idea, yet.


The emperor’s repeated anti-Muslim tweets and recorded quotes were considered evidence in the hearing. The tweet twit and his tantrums will certainly be his undoing…only not soon enough.

And the security of our nation is placed in jeopardy because of the senseless, childish rants by the diabolical demented dimwit that are broadcast around the world.


What a heart-warming photo. Justice is prevailing for the moment…may it be an auspicious beginning to go on to outlast all the destructive, unconstitutional, inhumane actions of the demented demagogue-in-chief.


Hopefully next time it’s an Impeachment Trial, and may the best side win!!


The news from the 9th Circuit is good. The fact that the CD staff seems not to understand legal terminology is not so good.

CD: The 9th circuit “sided with a lower court which earlier this week imposed an injunction against Trump’s executive order.”

Actually no. The 9th circuit denied the government’s emergency motion for a stay, of the district court’s issuance, of a temporary restraining order pending appeal.

A temporary restraining order (TRO) is not an injunction.

The government requested the stay while their appeal of the TRO is pending. The government didn’t get that stay.
Perhaps they will appeal but if they think it looks unlikely to prevail at this stage, perhaps they will go back to the District Court where the district court will schedule a hearing on whether to issue a preliminary injunction or even adjudicate on the merits.


So far the courts are performing their role in the democratic process. The press is too at least to some extent. And people are much more involved in the democratic process than they have been in years. So after almost three weeks democracy is still standing with only the Congress allowing Trump to have his way in undermining democracy in order to gain power. But things will almost surely get worse, particularly with Jeff Sessions now at the head of the Justice Department.


I believe you are being overly harsh about the CD staff. In fact, the court explicitly said that they would treat the lower court’s ruling as, and apply the standards applicable to, a preliminary injunction, even though it was, technically, a temporary restraining order. I’d cut lay readers a little slack here.

I do recommend reading the actual order here…

As for the future proceedings, the government may appeal to an En Banc hearing before the Ninth Circuit, appeal to the Supreme Court or allow the case to return to District Court. A smart President would likely allow the case to return to District Court, because his chances at the Supreme Court might be limited, given the possible 4-4 split and the likelihood that the Supreme Court would rather wait for the case to come before it in a more finalized position (after the merits have been litigated). This would also increase the chances it would be a nine member court that would hear the case.

On the other hand, we have an egotistical, maniacal nut-case for a President who is unlikely to exhibit that level of constraint, so I wouldn’t be surprised to see him go immediately to the Supreme Court, where he is likely to lose again and, at least in the short-run, lose more political capital.


You don’t quite have it right here. The government filed an appeal of the TRO, requesting a stay of the TRO, but not “pending an appeal” as you assert. Instead, had the government “won” on the TRO, the TRO issued by the District Court would have been stayed, but the case would have been returned to the District Court to proceed on the merits of the case.

There were some components of the government’s argument that, if they had succeeded, would have terminated the case immediately (on standing grounds and executive authority grounds), but these were long-shots at best and could not be construed as “appeals” as they weren’t ruled on by the District Court…

At its root, this case was an appeal of the TRO, not an appeal on the merits, as the merits were never reached by either court. As no order had been issued on the merits, an appeal on the merits was not yet ripe. In short, overturning the TRO was the appeal and the remedy would have been a stay of the TRO.


Bannon just made Trump look like the ass he truly is. Maybe Trump will fire him?


With sincere apologies to Mason Williams

Oh them appellate courts,
Ain’t they judgy
Pullin’ them trumpy heads
From where it gets fudgy

Pullin’ them big heads
Pullin’ them liddle
Pullin’ them trumpy heads
Hi piddle diddle

Trumpy went to court
Hopin’ for squiddle
Ain’t no real court
Gonna give him fiddle

Sayin’ them brown people
Gotta go away
But them appelates
They got the sway

How to be a trumpy head
No way to duck it
Just grab fascism
And then you suck it


As long as Trump continues to attempt to rule by executive order the courts are going to slap him down again and again. He nor his staff have the savvy to craft an order that will pass legal muster. Of course the rundamental flaw is his misconception of the role of the president - he’s not there to rule, he’s there to execute the laws passed by congress.


Heartfelt thanks to all those who got out and protested Trump’s inhumane and unjust ban on Muslims! Thank you to the judges of the Appeals Court!