A federal appeals court on Thursday declined the Trump administration’s urgent request to restore the controversial executive order restricting refugees and travel by immigrants from a number of Muslim-majority countries.
The U.S. Court of Appeals for the 9th Circuit determined unanimously that “the judiciary has a proper role in safeguarding people’s rights,” and rejected arguments that the government would be “irreparably harmed” if the judicial system reviewed President Donald Trump’s immigration ban.
“To the contrary, while counseling deference to the national security determinations of the political branches,” the court said, “the Supreme Court has made clear that the Government’s authority and expertise in [such] matters do not automatically trump the Court’s own obligation to secure the protection that the Constitution grants to individuals, even in times of war.”
“Decent people across the nation and around the world will be relieved to hear of this ruling. It reaffirms the idea that Executive Orders that promote religious hatred and thinly veiled racism are completely unacceptable. The ruling also clearly connotes that tampering with American freedoms are off limits even to the most powerful in our system of government. We look forward to the matter being heard on further appeal in the Supreme Court,” said Rea Carey, executive director, National LGBTQ Task Force.
As the ruling was announced Chad Griffin, president of the Human Rights Campaign tweeted, “A victory for American values. No president trumps the Constitution.”
The president’s response o the ruling was swift with Trump tweeting all in caps, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
The case is likely to go all the way to the Supreme Court.