Ninth Circuit Rules Against the Travel Ban--Again

Three short weeks ago, SCOTUS threw out the most recent challenges to the travel restrictions imposed by the Trump administration on certain countries. The Supreme Court returned the case to two circuit courts, the Fourth and Ninth, and told them to expedite their review of the case. This evening the Ninth did. And it was the circus of anti-Trump personal animus one has come to expect from the Ninth Circuit.

A federal appeals court ruled that the latest version of President Donald Trump’s controversial travel ban policy should be partially blocked because the president appears to have exceeded his authority in issuing the directive.

However, the unanimous decision issued Friday by a three-judge panel of the 9th Circuit Court of Appeals will have no immediate effect because of a temporary ruling the Supreme Court issued earlier this month allowing the administration to fully implement the ban as it appealed a pair of injunctions issued against the policy.

The policy Trump issued in September limits issuance of visas to citizens of six majority-Muslim countries and two nations with governments sharply at odds with the U.S., North Korea and Venezuela.

9th Circuit Judges Michael Daly Hawkins, Ronald Gould and Richard Paez issued a 71-page joint opinion saying the president’s order arrogates power that Congress reserved through legislation it passed.

Never mind that this decision flies in the face of the ruling earlier this year on the so-called travel ban. Never mind that the Supreme Court has used every method short of sky-writing to signal it wants this nonsense to end. The Ninth is, well, the #Resistance.

It is a safe bet that the Supreme Court is going to reverse this decision and then the #Resistance will be able to bury this dud alongside the Emoluments Clause dud.