9th Circuit Court of Appeals Orders Response for Hearing on Travel Ban

The Federal 9th Circuit Court of Appeals refused to overturn a lower court ruling halting his temporary travel ban from 7 nations known as terror havens. The court requested responses from both sides by Monday.

U.S. District Judge James Robart in Seattle Friday evening ordered a temporary nationwide halt to President Trump’s moratorium and the White House had promised to challenge the ruling.

However, there is one line in the ruling that jumps out and should serve as a reason for the plaintiff’s to not yet celebrate a victory.

“The work of the court is not to create policy or judge wisdom of any particular policy promoted by the other two branches of government,” the court said. As Robert Barns of LawNewz.com noted, the 9th has “repeatedly ruled: a federal court should not issue rulings beyond its jurisdiction when other courts have also issued rulings on the matter.”

While it received less coverage than Judge Robart’s decision, a federal judge in Boston, Judge Nathaniel Gorton, refused to renew the temporary restraining order which was set to expire on Sunday. It was a major blow to the ACLU, the American Civil Liberties Union, largely because he did not find evidence the order discriminated against Muslims, 90% of which are not impacted.