The 9th U.S. Circuit Court of Appeals in San Francisco early Sunday morning denied a Justice Department request to immediately reinstate President Trump’s ban on travelers from seven majority-Muslim countries.
However, the court instructed the challengers of the travel ban to respond to the Administrations’ appeal that had been filed Saturday night, and also asked the Justice Department to be ready with a response come Monday afternoon.
President Trump lamented the ruling by Judge James Robart of the United States District Court for the Western District of Washington, that blocked the travel ban nationwide, tweeting, “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! — Donald J. Trump (@realDonaldTrump) February 4, 2017
And if you were wondering what Trump meant by his “so-called judge” comment, the president tweeted: “What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?”
The standard answer in such a case would be the constitution of the United States, which empowers the judiciary to do just that. But the Trump administration declared that the Seattle judge had overstepped his authority. Acting Solicitor General Noel Francisco argued Saturday night that only the president can decide who can enter the United States.
Trump also tweeted: “Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision.” And: “The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!”
The last time Trump went on the war path against a federal judge was during the campaign, when he suggested a federal judge of Mexican extraction who oversaw the fraud lawsuits against Trump University had to be biased because his parents came from Mexico and Trump was known for attacking Mexicans.
According to US media, the State Department has now reversed its position regarding some 60,000 travelers from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen whose visas had been revoked. As of Saturday, they are welcome to visit the US with a valid visa.