The three judges of the Ninth Circuit, after hearing oral arguments on Tuesday, today unanimously upheld US District Judge James Robart’s stay of Donald Trump’s executive orders on people entering the US pending a full judicial review. (You can read the opinion here.)
The court found that “the government has not shown a stay is necessarily to avoid irreparable injury.” In particular, its ruling noted “the government has pointed no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all.”
The panel wrote “although courts owe considerable deference to the president’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action”.
Trump’s response to the opinion had the calm, sober, and measured tone that we have come to expect. He tweeted in all caps: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
Um, which court, exactly? Does he mean the US Supreme Court? Or did he mean the District Court where the merits of the case will be decided? Because if the latter, that is what the opinion called for. And who exactly is the “you” in the tweet? The Appeals Court judges are now out of the picture. Judge Robart maybe? Then again, that is what the opinion said should happen.