It was a long and hard-fought journey at the 9th circuit court of appeals, where government lawyers appealed a previous court’s stay of the travel ban. The decision by the appeals court to continue to stay of the executive order is unprecedented and the court’s ruling was unanimous, stating that the government gave no security purpose for the ban, among other things. The Outline has a good rundown of the proceedings if you weren’t able to follow along live and The New York Times reports on the defeat.
Bloomberg’s Sahil Kapur tweeted about the ruling, but paid particular attention to the conclusion, which reads:
In short, 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.
Here is a link to the full 29-page brief, which I wanted to link to because it includes many new precedents; Section IV includes the above quote and starts on page thirteen.
After everything that happened with Coretta Scott King’s letter, the fact that Jeff Sessions was confirmed for the role of Attorney General makes it seem like nothing will stop any of the president’s terrible picks from moving forward. The 52-47 vote was mostly along party lines with one Democrat (Sen. Joe Manchin, up for reelection in 2018) joining the Republicans, but specifics matter less than the fact that Sessions has a history of disconcerting civil rights positions and documented “racial insensitivity”. Here are a few resources on the situation:
There is no better reason to not do something
There is no better reason to try
There is no better reason to fight
Against tyranny and strife
Removal is often the goal
Removal is often the challenge
Removal is often not enough
To completely fix what hangs in the balance
But it can bring about great change
But it can bring light
But it can bring great joys
In the darkness of the night
And so I live with friction
And so I live with what is hard
And so I live with what I love
But I stay upon my guard