Mammoth court fight awaits Trump

Here is where we stand regarding that ill-considered ban on refugees.

It appears headed for the U.S. Supreme Court, thanks to a unanimous ruling this afternoon by the 9th U.S. Circuit Court of Appeals, which upheld a lower court’s suspension of Donald Trump’s executive order banning refugees from seven Muslim-majority countries from entering the United States.

Clear as mud, yes?

The 9th Court ruled 3-0 to uphold the suspension ordered by U.S. District Judge James Robart, whom Trump called a “so-called judge” in criticizing his decision.

What about the politics of the court? Judge Robart is a George W. Bush appointee; the three appellate court judges were picked by Presidents Carter, Bush 43 and Obama. It looks like a bipartisan rejection to me.

Now the highest court stands ready to ponder this controversial executive order. It has a vacancy, meaning that eight justices are on the job. Four conservatives and four liberals. What happens if the Supremes issue a tie vote? The 9th Court ruling stands. Trump’s executive order is negated.

The 9th Court ruling takes aim at the provision in the order that bars people with visas from re-entering the United States, which the judges ruled is unconstitutional.

According to The Associated Press: “The appeals panel said the government presented no evidence to explain the urgent need for the executive order to take effect immediately. The judges noted compelling public interests on both sides.

“‘On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.'”

Trump, of course, responded with a tweet. “SEE YOU IN COURT,” the president said via Twitter.

Washington Gov. Jay Inslee, a Democrat, whose state has sued the president over his executive order, responded: “Mr. President, we just saw you in court, and we beat you.”

The fight has just begun.