The legal fight over Trump’s executive order

9th Circuit to Trump administration: ‘Emergency motion … is denied’

In a sig­ni­fic­ant push­back from the ju­di­ciary, a fed­er­al ap­peals court de­cided Thursday to con­tin­ue block­ing en­force­ment of Pres­id­ent Trump’s ex­ec­ut­ive or­der bar­ring trav­el­ers from sev­en pre­dom­in­antly Muslim na­tions from en­ter­ing the U.S.

“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,” the pan­el of two Demo­crat­ic ap­pointees and a Re­pub­lic­an un­an­im­ously de­cided in an un­signed opin­ion.

The court re­jec­ted the Trump ad­min­is­tra­tion’s ar­gu­ment that the courts lacked the right to re­view his ex­ec­ut­ive or­der. “There is no pre­ced­ent to sup­port this claimed un­re­view­ab­il­ity, which runs con­trary to the fun­da­ment­al struc­ture of our con­sti­tu­tion­al demo­cracy,” the pan­el said.