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.