9th District Court Refuses to re-instate immigration ban | Wis.Community

9th District Court Refuses to re-instate immigration ban

February 9, 2017

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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 thedistrict court’s temporary restraining order while its appealof that order proceeds.To rule on the Government’s motion, we must considerseveral factors, including whether the Government hasshown that it is likely to succeed on the merits of its appeal,the degree of hardship caused by a stay or its denial, and thepublic interest in granting or denying a stay. We assess thosefactors in light of the limited evidence put forward by bothparties at this very preliminary stage and are mindful that ouranalysis of the hardships and public interest in this caseinvolves particularly sensitive and weighty concerns on bothsides. Nevertheless, we hold that the Government has notshown a likelihood of success on the merits of its appeal, norhas it shown that failure to enter a stay would causeirreparable injury, and we therefore deny its emergency

motion for a stay

There is no precedent to support this claimedunreviewability, which runs contrary to the fundamentalstructure of our constitutional democracy.See Boumedienev. Bush, 553 U.S. 723, 765 (2008) (rejecting the idea that,even by congressional statute, Congress and the Executivecould eliminate federal court habeas jurisdiction over enemycombatants, because the “political branches” lack “thepower to switch the Constitution on oroff at will”). Withinour system, it is the role of the judiciary to interpret the law,a duty that will sometimes require the “[r]esolution oflitigation challenging the constitutional authority of one ofthe three branches.”Zivotofskyex rel.Zivotofsky v. Clinton,566 U.S. 189, 196 (2012) (quotingINS v. Chadha, 462 U.S.919, 943 (1983)). We are called upon to perform that dutyin this case.

Attached Document
PDF icon PDF of court ruling.165.6 KB

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