A second federal judge on Friday blocked President Donald Trump’s new executive order (EO) on immigration travel, while the federal judge who blocked the first EO is reserving judgment on the revised EO.
Trump’s revised executive order is both legal and reasonable.
If any federal court refuses to dismiss a lawsuit based on the old executive order, then that may be the first issue on this controversy to reach the Supreme Court.
The U.S. Department of Justice asked the appeals court on Thursday to stay any further proceedings in the case, citing Trump’s announcement during a press conference earlier that day that he would issue a new EO during the week of Feb. 19.
DOJ now has the option of seeking review at the U.S. Supreme Court, which may be a long shot before Judge Neil Gorsuch is confirmed as the ninth justice.
The U.S. Court of Appeals for the Ninth Circuit heard arguments on whether to grant an emergency stay of a district judge’s issuance of a temporary restraining order blocking President Trump’s Executive Order.
The judge’s only role is to review whether the president’s action is authorized by the Constitution and federal law. There is no question that the executive order meets both of those requirements.
A federal appeals court on Sunday declined to issue an immediate stay of Judge Robart’s nationwide injunction blocking President Trump’s executive order.
How Obama peddles whoppers about government overreach.
Obama has used executive orders to change the law on several occasions. Ask yourself whether our Constitution permits the president to unilaterally change a law enacted by Congress.