Thursday, February 9, 2017

TRUMP LOSES: Appeals court refuses to resume his Muslim ban

An Appeals court officially refused to reinstate Donald Trump's Muslim ban:



Here's the Court's decision:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

Here's just one of the reasons why the Appeals Court rejected Trump's ban:

The Government has not shown that a stay is necessary to avoid irreparable injury. Nken, 556 U.S. at 434. Although we agree that “the Government’s interest in combating terrorism is an urgent objective of the highest order,” Holder
v. Humanitarian Law Project, 561 U.S. 1, 28 (2010), the Government has done little more than reiterate that fact. Despite the district court’s and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence to rebut the States’ argument that the district court’s order merely returned the nation temporarily to the position it has occupied for many previous years.

In other words, Trump did not prove his Muslim ban was necessary.

That means the case will go to the Supreme Court. At the Supreme Court the Appeals Court will be upheld as long as there are 8 Justices, since 4 are liberals, and a tie would mean the lowe court's ruling stands.


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