The court of appeal in the United States has decided not to renew the immigration Ordinance Donald trump, which he tried to deny entry to U.S. citizens from seven countries with a predominantly Muslim population. Thus, the decision of the judge James Robart remained in force, Reuters reports. And the administration of a trump, apparently, will have to prove the legality of the decree before the Supreme court of the United States.
The decision was taken by the court of appeals for the ninth circuit in San Francisco (California) — the largest such vessels in the United States, as well as the most liberal: most of its judges were appointed by the presidents of the Democrats.
As grounds for its decision, a panel of three judges indicated that the Ministry of justice has not provided diagrams of how to cancel and resume the decree in part, and did not lead evidence of danger to the Americans when they arrive to the country of the Muslims from seven countries. The judges also stressed that the Ministry of justice tried to justify the position that the President’s actions in this case should not be questioned, since we are talking about national security. «We disagree,» said the jury. The full decision is published on the court’s website
President trump immediately responded to the verdict in his Twitter: «See you in court, at stake — the security of our country!» He later called the decision «political» and expressed confidence that eventually the White house will win this lawsuit.
Reuters notes that two of the three judges in the jury were appointed by the presidents-Democrats Jimmy Carter and Barack Obama , and the third George W. Bush, a Republican. Their decision was unanimous and anonymous.
Either party may decide to transfer the case to the Supreme court of the United States. An important role in this in the future may play appointment of a new Supreme court judge — Neil Gorsuch, consistent conservative, who was nominated to this position trump. Now the Supreme court is equally liberals and conservatives (four), and if Congress approves Gorsuch, nominally trump would be an advantage in the proceedings. However, the process can run into active opposition of the Democrats.
The U.S. justice Department announced that it is studying the decision of the appellate court and available to the Department options.
Earlier, the U.S. Department of justice appealed the decision of the Federal court in Seattle concerning the termination of signed trump decree.
The intention to appeal the decision regarding the decree, which prohibits the issuance of visas to citizens of the seven countries with a predominantly Muslim population, the Ministry said soon after its adoption. The White house also stated that they consider lawful the decree, appropriate and aimed at protecting the country and its inhabitants.
We will remind, the decree of the President of the United States «On the protection of the country from the entry of foreign terrorists» were signed on 27 January and was the most resonant solution for the first days of the new administration.
The decree trump caused a storm of protests in the U.S. and worldwide, its execution is hampered by injunctions.
The court of appeal refused to renew the immigration decree of the President of the United States 10.02.2017