The federal government can now ask the supreme court to review Thursday’s ruling to uphold a temporary restraining order on Donald Trump’s travel ban. But the US ninth circuit court of appeal’s unanimous ruling suggests that the administration will struggle to make a convincing argument.
With one seat vacant on the supreme court, the federal government would have to persuade one of the four liberal-leaning justices to break ranks. In the event of a 4-4 tie, the ninth circuit ruling remains in place.
The supreme court could also sidestep controversy and defer an appeal, leaving the ruling in place as the case works its way through other courts. The Trump administration could choose to build its case in district court but a tweet, sent by the president not long after the order was released, suggested he would take a request to the eight-justice supreme court as soon as possible.
“SEE YOU IN COURT,” Trump tweeted in capital letters. “THE SECURITY OF OUR NATION IS AT STAKE!”
The ninth circuit’s ruling applies only to the question of whether or not the earlier ruling by district judge James Robart, in Seattle, was correct in issuing the temporary restraining order.
The separate legal proceedings to determine whether or not the travel ban is constitutional remain underway in Robart’s court, where the states of Washington and Minnesota originally brought suit against the federal government.
But the court battle over the temporary injunction still provides a preview of what’s to come in that case. The ninth circuit was tasked with determining whether the federal government had shown a likelihood of…
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