Last night, the US Court of Appeals for the Ninth Circuit issued a ruling against the third version of President Trump's travel ban, which permanently bars entry into the United States by almost all citizens of six Muslim-majority nations.
Trump's previous two travel bans, issued by executive orders on January 27 and March 6, were also challenged.
A three-judge panel said, "For a third time, we are called upon to assess the legality of the president's efforts to bar over 150 million nationals of six designated countries from entering the United States or being issued immigrant visas they would ordinarily be entitled to receive".
"The Executive can not without assent of Congress supplant its statutory scheme with one stroke of a presidential pen", wrote the judges, all of whom are appointees of President Bill Clinton.
"The President is not foreclosed from acting to enhance vetting capabilities and other practices in order to strengthen existing immigration law, but must do so in a manner consistent with Congress's intent", the per curiam opinion said.
The opinion does not grapple with some of the thorniest legal questions raised by Trump's travel ban orders: whether they're unconstitutional because they stem from his calls for a Muslim ban during the presidential campaign previous year or similar sentiments he has hinted at while in office. The lack of policy review leading up to the ban - the Trump Administration didn't talk to experts, hold hearings, etc., which are things that politicians who are actually concerned about the military's effectiveness would do - made it hard for the judges to believe that Trump was trying to ban transgender people from the military for a legitimate government interest.
'We continue to believe that the order should be allowed to take effect in its entirety, ' Ehrsam said.
"Congress's choice of words is suggestive, at least, of its hesitation in permitting the President to impose entry suspensions of unlimited and indefinite duration", the 9th Circuit judges wrote.
Federal courts in Maryland, Washington and the District of Columbia previously issued injunctions against the ban.
The case was brought by the state of Hawaii, as well as an individual affected by the September 24 order and a Muslim association.
And the Supreme Court has already signaled that it will rule in favor of the president on the travel ban. A panel on a powerful federal circuit court of appeals on Friday was asked to stay that order but rejected it. The Supreme Court issued an order this month saying the ban can be enforced while challenges to the policy make their way through the legal system.
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