March 27, 2017

Trump Travel Ban Stays Suspended

San Francisco/Washington—The 9th U.S. Circuit Court of Appeals has upheld a Washington judge’s suspension of President Donald Trump’s controversial travel ban. The administration’s options include appealing to the entire 9th Circuit, or to the U.S. Supreme Court.

The appeals court acknowledged the weight of national security, but ruled that the U.S. government had not demonstrated national security concerns which would justify the ban, adding that no evidence had been given that anyone from the seven affected nations had committed any terrorist activity within the United States.

Mutterings: Trump’s ban may in fact be a terrible idea, but the courts are arguing on the wrong premise. The real question is who has constitutional authority to make foreign policy decisions of this nature. Weighing the pros and cons of Trump’s policies does not belong within the purview of the courts.