By Ryan Lovelace (@LovelaceRyanD) • 2/9/17 6:13 PM
A federal appeals court decided to keep in place the temporary restraining order halting President Trump's immigration ban as other proceedings move through the lower courts.
"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 cause irreparable injury, and we therefore deny its emergency motion for a stay," the 9th Circuit Court of Appeals ruled Thursday.
The appeals court ripped the Justice Department for arguing that Trump's immigration action was not subject to judicial review. The court said, "There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy."
The decision by the three-judge panel of the 9th Circuit Court of Appeals to deny a stay of the restraining order does not serve as a ruling on the merits of the ban itself, but puts the Trump administration in a difficult spot.
Trump's team could seek urgent intervention from the Supreme Court, but lifting the ban would require winning over five justices on the eight-justice court. If the high court divides evenly along ideological lines, the block of Trump's ban would stay in place and the immigration ban likely would become a central theme in the battle over Judge Neil Gorsuch's confirmation to the high court.
Should the Trump administration choose to wait for lower courts to proceed further before filing another appeal, the immigration ban could be halted for months. By the time any additional appeal from Trump's team would make it to the Supreme Court, Gorsuch could already be seated on the high court.
http://www.washingtonexaminer.com/article/2614442/
