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U.S. NEWS Wednesday 8 February
At Press Time:
Trump travel ban faces biggest legal test as judges meet
ERIC TUCKER sponded that the president
SUDHIN THANAWALA has clear authority to “sus-
Associated Press pend the entry of any class
SAN FRANCISCO (AP) — of aliens” to the U.S. in the
President Donald Trump’s name of national security.
travel ban faced its big- It said the travel ban was
gest legal test yet Tuesday intended “to permit an or-
as a panel of federal judg- derly review and revision
es prepared to hear argu- of screening procedures
ments from the adminis- to ensure that adequate
tration and its opponents standards are in place to
about two fundamentally protect against terrorist
divergent views of the ex- attacks.” The challengers
ecutive branch and the of the ban were asking
court system. “courts to take the extraor-
The government will ask a dinary step of second-
federal appeals court to guessing a formal national
restore Trump’s executive security judgment made
order, contending that the by the president himself,”
president alone has the the Justice Department
power to decide who can wrote. It’s possible that the
enter or stay in the United panel could make a ruling
States. But several states White House press secretary Sean Spicer speaks during the daily news briefing at the White House on a technical point, rath-
in Washington, Tuesday, Feb. 7, 2017. Spicer discussed President Donald Trump’s travel ban and
have challenged the ban other topics. er than the larger merits of
on travelers from seven (AP Photo/Carolyn Kaster) the case. q
predominantly Muslim na-
tions and insisted that it is the order likely should have
unconstitutional. been delayed at least long
Tuesday’s hearing was to enough to brief Congress
unfold before a randomly about it.
selected panel of judges The Justice Department
from the San Francisco- filed a new defense of the
based 9th U.S. Circuit Court ban Monday. Lawyers said
of Appeals. It was unlikely it was a “lawful exercise”
the court would issue a of the president’s authority
ruling Tuesday, with a de- to protect national secu-
cision expected later this rity and said Robart’s order
week, court spokesman should be overruled.
David Madden said. The filing with the appeals
Whatever the court even- court was the latest salvo
tually decides, either side in a high-stakes legal fight
could ask the Supreme surrounding Trump’s or-
Court to intervene. der, which temporarily sus-
U.S. District Judge James pends the country’s refu-
Robart in Seattle, who on gee program and immigra-
Friday temporarily blocked tion from seven countries
Trump’s order, has said a with terrorism concerns.
judge’s job is to ensure that Washington state, Minne-
an action taken by the sota and other states say
government “comports the appellate court should
with our country’s laws.” allow a temporary restrain-
Trump said Tuesday that he ing order blocking the
can’t believe his admin- travel ban to stand as their
istration has to fight in the lawsuit moves through the
courts to uphold his refu- legal system.
gee and immigration ban, The panel hearing the
a policy he says will protect arguments includes two
the country. D e m o c r a t - a p p o i n t e d
“And a lot of people agree judges and one Republi-
with us, believe me,” Trump can appointee.
said at a roundtable discus- The appeals court over the
sion with members of the weekend refused to imme-
National Sheriff’s Associa- diately reinstate the ban,
tion. “If those people ever and lawyers for Washing-
protested, you’d see a real ton and Minnesota argued
protest. But they want to anew on Monday that any
see our borders secure and resumption would “unleash
our country secure.” chaos again,” separating
The same day, Homeland families and stranding uni-
Security Secretary John versity students.
Kelly told lawmakers that The Justice Department re-