Dan Levine reports for Reuters:
“Reuters) – A U.S. appeals court on Friday said President Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong U.S. ties.
The 9th U.S. Circuit Court of Appeals, which covers several West Coast states, also said its ruling would be put on hold pending a decision on the latest version of the travel ban from the Trump administration by the U.S. Supreme Court.
Since taking office in January, Trump has been struggling to enact a ban that passes court muster.
A three-judge panel from the 9th Circuit narrowed a previous injunction from a lower federal court to those people “with a credible bona fide relationship with the United States.”
It also said that while the U.S. president has broad powers to regulate the entry of immigrants into the United States, those powers are not without limits.
“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the panel said.
The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen seeking to enter the United States. The Republican president has said the travel ban is needed to protect the United States from terrorism.
The state of Hawaii, however, challenged it in court, and a Honolulu federal judge said it exceeded Trump’s powers under immigration law.
Trump’s ban also covers people from North Korea and certain government officials from Venezuela, but the lower courts had already allowed those provisions to go into effect.
The same three judge 9th Circuit panel, which limited a previous version of Trump’s ban, heard arguments earlier this month. Some of the judges appeared more cautious toward the idea of blocking the president’s policy.
Trump issued his first travel ban targeting several Muslim-majority countries in January, which caused chaos at airports and mass protests.
He issued a revised one in March after the first was blocked by federal courts.
That expired in September after a long court fight, and was replaced with the current version.
The ban has some exceptions. Certain people from each targeted country can still apply for a visa for tourism, business or education purposes, and any applicant can ask for an individual waiver.
U.S. Justice Department officials were not immediately available for comment.
(Reporting by Dan Levine in San Francisco and Jon Herskovitz in Austin, Texas; Editing by Tom Brown)”
I think the result here is largely a symbolic protest against Trump by the 9th Circuit. The court stayed it’s own order, pending inevitable Supreme Court review; therefore, the ruling changes nothing.
But, in reality, although going through the motions of pressing the lower courts to rule, it appears that the majority of the Supremes have already decided Travel Ban 3.0 in favor of the Trump Administration. Otherwise, the Supreme’s recent decision to stay the lower court injunctions pending review would fall somewhere between inexplicable to indefensible on the scale of judicial conduct. Justices Ginsburg and Sotomayor dissented from the lifting of the stay. Therefore, I would expect a “split decision,” with the Administration’s margin of victory to be in the range of 5-4 to 7-2.