President Trump’s Muslim ban continues to be a loser as the 9th Circuit Court has issued an order denying the Trump administration’s request to lift the block on the Muslim ban.
The court ruled:
For a candidate who promised to win all of the time, as President Donald Trump has been a total loser in court.
In their unanimous 3-0 decision against Trump the court wrote, “In evaluating the need for a stay, we must consider the public interest generally. See Nken, 556 U.S. at 434. Aspects of the public interest favor both sides, as evidenced by the massive attention this case has garnered at 7even the most preliminary stages. 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. We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay. ”
In other words, the President can’t claim unilateral executive powers, cry terrorism, and impede the free flow of travel.
This rationale is consistent with how the courts ruled when limiting President Obama’s executive powers on immigration.
The Trump administration will throw a fit, and there will likely be many angry tweets from the president, but this is another lesson for Donald Trump that he is not a king. He is but one-third of an independent system of governing.
So far, the system of checks and balances are working exactly as it is supposed to.