More action this morning on the President Donald Trump’s travel ban.
On Friday night, a federal judge in Seattle placed a nationwide restraining order against imposition of the travel ban until the merits of the ban can be determined.
That decision put the travel ban on hold and the DHS stopped all aspects of it.
The Department of Justice filed an appeal of the restraining order and asked for an immediate stay against its imposition.
The appeal court judge handed down a decision on the immediate stay this morning.
From New York Post:
So what that means is the appeals court didn’t grant the immediate stay, but is asking for written briefs to be filed from both sides by Monday afternoon.
That means that the court is likely to make a decision on the motion against the restraining order Monday evening, after reviewing the briefs.
Some in media are wrongly reporting the decision as a failure of the motion.
But the motion hasn’t even been decided yet.
Beyond the question of the ban itself, the issue raises the question of the president’s right to enforce immigration policy.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief on behalf of the government said.
In response to the Seattle judge’s decision, the DOJ said that the the judge’s restraining order could be harmful.
The Justice Department countered that “judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large.”
Robart’s order also imposes harm on U.S. citizens “by thwarting the legal effect of the public’s chosen representative,” it says.
Another round to go on Monday…