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Friday, February 10, 2017

Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss - The New York Times

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"WASHINGTON — A federal appeals panel on Thursday unanimously rejected President Trump’s bid to reinstate his ban on travel into the United States from seven largely Muslim nations, a sweeping rebuke of the administration’s claim that the courts have no role as a check on the president.

The three-judge panel, suggesting that the ban did not advance national security, said the administration had shown ‘no evidence’ that anyone from the seven nations — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — had committed terrorist acts in the United States.

The ruling also rejected Mr. Trump’s claim that courts are powerless to review a president’s national security assessments. Judges have a crucial role to play in a constitutional democracy, the court said.

‘It is beyond question,’ the decision said, ‘that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.’

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The decision was handed down by the United States Court of Appeals for the Ninth Circuit, in San Francisco. It upheld a ruling last Friday by a federal district judge, James L. Robart, who blocked key parts of the travel ban, allowing thousands of foreigners to enter the country.

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