Donald Trump's travel ban blocked again, this time by the 9th Circuit Court of Appeals

Protesters hold signs during a demonstration against President Donald Trump's revised travel ban outside a federal courthouse in Seattle.
Source: Ted S. Warren/AP
Protesters hold signs during a demonstration against President Donald Trump's revised travel ban outside a federal courthouse in Seattle.
Source: Ted S. Warren/AP

A three-judge panel on the 9th Circuit Court of Appeals once again blocked President Donald Trump's travel ban Monday, ruling that the order "exceeded the scope of the authority delegated to him by Congress."

According to the three-judge panel, the travel ban "runs afoul of other provisions of the [Immigration and Nationality Act] that prohibit nationality-based discrimination and require the president to follow a specific process when setting the annual cap on the admission of refugees," the judges wrote in their opinion.

In its ruling, the judges disagreed with the argument presented by acting Solicitor General Jeffrey Wall on May 15 and said the order overstepped Trump's powers as president.

Wall urged the judges not to take Trump's tweets and past statements — something other lower courts had previously cited in their rationales for blocking the ban — into account when making their decision.

"The [executive] order on its face doesn't have anything to do with religion, and in operation doesn't distinguish on the basis of religion," Wall said in his argument, according to CNN.

The ruling comes a little more than two weeks after the Virginia-based 4th Circuit also ruled against Trump's travel ban, saying the executive order "drips with religious intolerance, animus and discrimination."

The Trump administration has already appealed that decision to the Supreme Court.

"This Department of Justice will continue to vigorously defend the power and duty of the executive branch to protect the people of this country from danger, and will seek review of this case in the United States Supreme Court," Attorney General Jeff Sessions said in a statement after the 4th Circuit ruling.


How likely are you to make Mic your go-to news source?

Emily C. Singer

Emily C. Singer, née Cahn, is a senior writer for Mic covering politics. She is based in New York and can be reached at esinger@mic.com

MORE FROM

Donald Trump responds to Mexico murder rate on Twitter: "We will build the wall!"

"Mexico was just ranked the second deadliest country in the world, after only Syria," the president claimed.

Obama defends his signature health care law as Senate unveils plan to repeal it

"The Senate bill, unveiled today, is not a health care bill."

Democrats blast "heartless" Republican health care bill

Senate Democrats seek to stall "monstrosity of a bill" as Republican leaders push for quick AHCA vote.

Experts say the Senate health care bill is even worse for poor people than the House bill

Many expected the Senate to moderate the House bill. That didn't happen.

Investigators found election hackers stole voters' private data, new report says

Data breaches during the 2016 election cycle may be even worse than previously known.

Senate health care bill already in trouble as Republicans voice opposition

Four Republican Senators say they will not vote for the health care plan in its current form.

Donald Trump responds to Mexico murder rate on Twitter: "We will build the wall!"

"Mexico was just ranked the second deadliest country in the world, after only Syria," the president claimed.

Obama defends his signature health care law as Senate unveils plan to repeal it

"The Senate bill, unveiled today, is not a health care bill."

Democrats blast "heartless" Republican health care bill

Senate Democrats seek to stall "monstrosity of a bill" as Republican leaders push for quick AHCA vote.

Experts say the Senate health care bill is even worse for poor people than the House bill

Many expected the Senate to moderate the House bill. That didn't happen.

Investigators found election hackers stole voters' private data, new report says

Data breaches during the 2016 election cycle may be even worse than previously known.

Senate health care bill already in trouble as Republicans voice opposition

Four Republican Senators say they will not vote for the health care plan in its current form.