WASHINGTON (AP) — Lawyers for Washington state and Minnesota have told a federal appellate court that restoring President Donald Trump \u2019s ban on refugees and travelers from seven predominantly Muslim countries would \u201cunleash chaos again.\u201d
The filing with the 9th U. S. Circuit Court of Appeals in San Francisco came early Monday after the White House said it expected the federal courts to reinstate the ban.
Washington and Minnesota said their underlying lawsuit was strong and a nationwide temporary restraining order was appropriate. If the appellate court reinstated Trump \u2019s ban the states said the \u201cruling would reinstitute those harms, separating families, stranding our university students and faculty, and barring travel.\u201d
The rapid-fire legal maneuvers by the two states were accompanied by briefs filed by the technology industry arguing that the travel ban would harm their companies by making it more difficult to recruit employees. Tech giants like Apple and Google, along with Uber, filed their arguments with the court late Sunday.
Trump \u2019s executive order was founded on a claim of national security, but lawyers for the two states told the appellate court the administration\u2019s move hurts residents, businesses and universities and is unconstitutional.
The next opportunity for Trump \u2019s team to argue in favor of the ban will come in the form of a response to the Washington state and Minnesota filings. The 9th Circuit ordered the U. S. Justice Department to file its briefs by 6 p.m. EST Monday. It had already turned down a Justice request to set aside immediately a Seattle judge\u2019s ruling that put a temporary hold on the ban nationwide.
In the latest filing, lawyers for Washington state and Minnesota said: \u201cDefendants now ask this Court to unleash chaos again by staying the district court order. The Court should decline.\u201d
That ruling last Friday prompted an ongoing Twitter rant by Trump , who dismissed U. S. District Court Judge James Robart as a \u201cso-called judge\u201d and his decision \u201cridiculous.\u201d
Trump renewed his Twitter attacks against Robart on Sunday. \u201cJust cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!\u201d He followed with another tweet saying he had instructed the Homeland Security Department to check people coming into the country but that \u201cthe courts are making the job very difficult!\u201d
Vice President Mike Pence said Sunday that \u201cwe don\u2019t appoint judges to our district courts to conduct foreign policy or to make decisions about the national security.\u201d Trump himself had offered an optimistic forecast the previous night, telling reporters during a weekend at his private club in Florida: \u201cWe\u2019ll win. For the safety of the country, we\u2019ll win.\u201d
The government had told the appeals court that the president alone has the power to decide who can enter or stay in the United States, an assertion that appeared to invoke the wider battle to come over illegal immigration.
Congress \u201cvests complete discretion\u201d in the president to impose conditions on entry of foreigners to the United States, and that power is \u201clargely immune from judicial control,\u201d according to the court filing.
Sen. Dianne Feinstein, the top Democrat on the Judiciary Committee, predicted the appeals court would not have the last word. \u201cI have no doubt that it will go to the Supreme Court, and probably some judgments will be made whether this president has exceed his authority or not,\u201d she said.
In his ruling, Robart said it was not the court\u2019s job to \u201ccreate policy or judge the wisdom of any particular policy promoted by the other two branches,\u201d but to make sure that an action taken by the government \u201ccomports with our country\u2019s laws.\u201d
Whatever the outcome and however the case drags on, a president who was used to getting his way in private business is finding, weeks into his new job that obstacles exist to quickly fulfilling one of his chief campaign pledges.
\u201cThe president is not a dictator,\u201d said Feinstein, D-Calif. \u201cHe is the chief executive of our country. And there is a tension between the branches of government.\u201d
The Twitter attacks on Robart — appointed by President George W. Bush — prompted scolding from fellow Republicans as well as Democrats.
\u201cWe don\u2019t have so-called judges,\u201d said Sen. Ben Sasse, R-Neb. \u201cWe don\u2019t have so-called senators. We don\u2019t have so-called presidents. We have people from three different branches of government who take an oath to uphold and defend the Constitution.\u201d
However, Pence defended the president, saying he \u201ccan criticize anybody he wants.\u201d The vice president added that he believes the American people \u201cfind it very refreshing that they not only understand this president\u2019s mind, but they understand how he feels about things.\u201d
Trump \u2019s order applied to Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen — Muslim-majority countries that the administration said raise terrorism concerns. The order had caused unending confusion for many foreigners trying to reach the United States, prompting protests across the United States and leading to multiple court challenges.
The State Department said last week that as many as 60,000 foreigners from those seven countries had their visas canceled. After Robart \u2019s decision, the department reversed course and said they could travel to the U. S. if they had a valid visa.
The department also advised refugee aid agencies that refugees set to travel before Trump signed his order would now be allowed in.
The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump \u2019s order from boarding U. S.-bound planes. The agency said it had \u201csuspended any and all actions\u201d related to putting in place Trump \u2019s order.
Pence appeared on ABC\u2019s \u201cThis Week,\u201d CBS\u2019 \u201cFace the Nation,\u201d NBC\u2019s \u201cMeet the Press\u201d and \u201cFox News Sunday. McConnell was on CNN, Feinstein spoke on Fox and Sasse was interviewed by ABC.
Copyright \u00a9 2017 The Washington Times, LLC.
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