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Trump Plans Next Step Following Court’s Travel Ban Omission

The 9th Circuit court of appeals has shot down President Donald Trump's argument that his temporary travel ban is within his power. The three justices unanimously voted to uphold the lower court's ruling that blocked the travel ban. Almost immediately after the late-night decision, the president took to Twitter to voice his frustrations.

After the ruling, the president tweeted (in all caps), "See you in court, the security of our nation is at stake!"

On Friday morning, he tweeted, "LAWFARE: Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute. A disgraceful decision!"

The quote was taken from a blog on 'Lawfare' written by Benjamin Wittes, who says the president misrepresented his article. Wittes supported the court's decision.

The statute to which Mr. Trump has continuously referred as giving him the power to enact the temporary travel ban reads, "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

According to Wittes, statements Mr. Trump or his team made during his campaign could be taken into account by the court as to whether this is a 'valid exercise' of power. This, apparently, was exactly behind the reasoning of the decision.

The justices pointed out that just because a president has a power to do something doesn't mean the courts can't weigh in on whether his action is constitutional, and whether they can stop it if they deem it isn't. “…Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution.”

The president has made it clear he plans to fight on, and the case may go to the Supreme Court. The 9th Circuit court, a notoriously liberal-leaning court, has had the most decisions of any appellate court overturned by the Supreme Court. The president may have lost the battle, but he could still win the war.

Source: Fox News,MSN
Photo: YouTube

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