Trump gets another travel ban defeat — and the clock is ticking


The Ninth Circuit Court of Appeals upheld a Hawaii judge’s ruling barring Donald Trump’s travel ban — which would prevent all entries from six majority-Muslim countries for 90 days, and nearly all refugee admissions for 120 days — from going into effect on Monday.

The Supreme Court is now the last hope for the controversial executive order that sparked mass protests at airports around the country.

“Immigration, even for the President, is not a one-person show,” the court wrote in a per curiam opinion. “The President’s authority is subject to certain statutory and constitutional restraints. We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress.”

The Ninth Circuit’s ruling says the government should be allowed to resume its review of visa procedures — which is intended to lead to new “extreme vetting” tests for people seeking to enter the US — which the Trump administration had argued it hadn’t been able to do thanks to a lower-court order. But the parts of Trump’s executive order that prevent people from entering the US remain on hold.

The Fourth Circuit Court of Appeals in Maryland also upheld a (narrower) ruling against the ban in May, and the Trump administration’s already appealed that ruling to the Supreme Court — in addition to asking it to stop both the East Coast and West Coast rulings from affecting policy while the Supreme Court considers the case, so that the ban could go into effect over the summer.

Now, though, the Ninth Circuit’s piled on yet another stinging defeat for the Trump administration. If the Supreme Court does what the administration wants and allows the travel ban to go into effect, it’ll be flying in the face of every ruling issued on the executive order so far.

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