Boston Herald

TRUMP REMAINS DEFIANT AS TRAVEL BAN BATTED DOWN

- By CHRIS CASSIDY

A federal appeals court last night refused to reinstate a controvers­ial travel ban aimed at seven Muslim majority nations, dealing President Trump the biggest setback of his young administra­tion and setting up a potential Supreme Court showdown over the future of the tough antiterror­ism executive order.

“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” Trump tweeted in all caps within minutes of the decision.

The 9th Circuit Court of Appeals — made up of two Democratic appointees and one Republican — unanimousl­y ruled to continue suspending Trump’s temporary travel order, signed last month, which created confusion and drew protests at airports nationwide.

The decision means noncitizen­s from seven Muslim-majority nations, as well as refugees worldwide can continue entering the U.S. as before.

But the battle between the Trump White House, which believes tough measures are necessary to protect the country from radical Islamic terrorism, and critics, who argue the ban is an unconstitu­tional assault on the nation’s history of welcoming immigrants, is far from over.

Trump could withdraw the executive order and issue a new, narrower directive designed to pass muster with the federal court.

The 9th U.S. Circuit Court of Appeals has long been blasted as too liberal by conservati­ves, with critics noting it has a 77 percent reversal rate. So the Trump administra­tion also could appeal the case to the U.S. Supreme Court, but the high court is currently in an ideologica­l 4-4 dead-

lock as it awaits the confirmati­on of Neil Gorsuch, the late Justice Antonin Scalia’s replacemen­t.

If the eight justices split on the travel ban, the lower court ruling would stand.

The Ninth Circuit Court judges appeared unconvince­d that the risk of an imminent terrorist attack rises to the point of reinstatin­g the travel ban.

“The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrate­d a terrorist attack in the United States,” the ruling read.

But the judges did appear to sympathize with the state of Washington’s argument that the ban had hurt university employees and students, separated families and stranded studyabroa­d residents.

“These are substantia­l injuries and even irreparabl­e harms,” they wrote.

“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimina­tion. ... When considered alongside the hardships discussed above, these competing public interests do not justify a stay.”

In a potentiall­y damaging blow, the court said that in determinin­g whether the executive order amounts to a Muslim ban, it could take into considerat­ion Trump’s comments during the presidenti­al campaign.

That could serve as a warning to the president that words used during campaigns and on Twitter could affect legal cases moving forward.

But in the end, the court did not make a determinat­ion on the larger issue of whether the order is in fact a Muslim ban.

 ?? AP PHOTO ?? ‘SECURITY AT STAKE’: President Trump turned to Twitter yesterday to blast an Appeals Court decision refusing to reinstate his executive order restrictin­g travel from seven majority-Muslim countries.
AP PHOTO ‘SECURITY AT STAKE’: President Trump turned to Twitter yesterday to blast an Appeals Court decision refusing to reinstate his executive order restrictin­g travel from seven majority-Muslim countries.

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