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Judge James Robart Is Using Trump's Own Words Against Him
18 February 2017, 12:53 | Muriel Sparks
A protest art installation outside the Ninth US Circuit Court of Appeals in San Francisco
Trump's most publicized executive order was his immigration ban, blocking citizens from seven Muslim majority countries from entering the US, as well as halting the refugee program.
Washington state Attorney General Bob Ferguson, who successfully challenged Mr. Trump's executive order, also argued in court filings made Thursday that the 9th Circuit should not grant an en banc review.
"We had a very smooth rollout ... but we had a bad court", Trumpsaid.
The main provisions of the ban include a 120-day suspension of all refugees and a 90-day suspension of refugees from seven Muslim countries, James Toole, assistant professor of political science, said at the panel. President Donald Trump's administration said in court documents on Thursday it does not want a larger appellate panel to review a ruling keeping its travel ban on hold and will instead replace the ban. That didn't satisfy the San Francisco-based appeals court. He said the new order "will be very much tailored to what I consider a bad (court) decision".
Robart's ruling is another blow to the Trump administration and its case that the ban, which suspends the nation's refugee program and travel from seven predominantly Muslim countries, is necessary for national security.
At a White House news conference on Thursday, Trump slammed the appeals court.
Neither Trump or the DOJ have signaled how the new executive order will differ from the original directive.
This Ninth Circuit order does not directly control Robart, who this week was collecting legal briefs to decide the next stage of this litigation to supersede his short-term TRO with a preliminary injunction that would continue to block EO 13,769 all the way through the legal process until a final court judgment. "And the Pew Research Center estimates that the Executive Order 'would affect only about 12 percent of the world's Muslims'".
Washington state claims the travel ban is illegal and cited campaign statements by Trump and his advisers as evidence of the intent to discriminate on the basis of religion with the ban.
President Donald Trump's administration says an appeals court panel that refused to immediately reinstate his ban on travelers misunderstood the scope of the ban.
However, President Trump also insisted that they will appeal the previous court ruling.
This represents a reverse-course for the Trump administration, which vowed to appeal in the immediate aftermath of the Ninth Circuit's decision to uphold a federal court order that temporarily prevented the Customs and Border Patrol from enforcing Trump's executive order.
Virginia Attorney General Mark Herring in a Monday night conference call with reporters described the order as 'unlawful, unconstitutional, and un-American, ' and said it was conceived in 'religious bigotry'.
Washington state's case against Trump has garnered widespread support from other states and the tech and business community.
The president has broad authority to set immigration policy, but federal judges across the country have ruled against Trump's particular travel ban.
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