9th District Court Refuses to re-instate immigration ban

Today the 9th District Court voted unanimously not to overturn the stay against the Trump immigration ban. The entire ruling is attached:

The Government now moves for an emergency stay of the
district court’s temporary restraining order while its appeal
of that order proceeds.
To rule on the Government’s motion, we must consider
several factors, including whether the Government has
shown that it is likely to succeed on the merits of its appeal,
the degree of hardship caused by a stay or its denial, and the
public interest in gra
nting or denying a stay. We assess those
factors in light of the limited evidence put forward by both
parties at this very preliminary stage and are mindful that our
analysis of the hardships and public interest in this case
involves particularly sensitiv
e and weighty concerns on both
sides. Nevertheless, 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, and we therefore deny its emer

motion for a stay

There is no precedent to support this claimed
unreviewability, which runs contrary to the fundamental
structure of our constitutional democracy.
See Boumediene
v. Bush
, 553 U.S
. 723, 765 (2008) (rejecting the idea that,
even by congressional statute, Congress and the Executive
could eliminate federal court habeas jurisdiction over enemy
combatants, because the “political branches” lack “the
power to switch the Constitution on or
off at will”). Within
our system, it is the role of the judiciary to interpret the law,
a duty that will sometimes require the “[r]esolution of
litigation challenging the constitutional authority of one of
the three branches.”
ex rel.
Zivotofsky v. Clinton
566 U.S. 189, 196 (2012) (quoting
INS v. Chadha
, 462 U.S.
919, 943 (1983)). We are called upon to perform that duty
in this case.

Attached Document
PDF icon PDF of court ruling.165.6 KB

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Published on

February 9, 2017

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