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US appeals court refuses to reinstate Trump's travel ban

Author
Reuters,
Publish Date
Fri, 10 Feb 2017, 12:23PM
US President Donald Trump in the Oval Office (Photo / AP)

US appeals court refuses to reinstate Trump's travel ban

Author
Reuters,
Publish Date
Fri, 10 Feb 2017, 12:23PM

UPDATED 5.41pm President Donald Trump has vowed to continue his legal fight after a US federal appeals court unanimously upheld a temporary suspension of his order restricting travel from seven Muslim-majority countries.

LISTEN ABOVE: Arthur Hellman a scholar of the Federal Court and a professor at the University of Pittsburgh spoke to Larry Williams

In its ruling, the 9th US Circuit Court of Appeals said the US government had not offered any evidence of national security concerns that justified banning seven countries.

But immediately after the decision Trump tweeted that the security of the nation was at stake.

The US Justice Department said at the same time it is reviewing the decision and was "considering its options".

It is likely the matter will now go to the US Supreme Court.

The ruling came in a challenge to Trump's order filed by the states of Washington and Minnesota.

Professor at the University of Pittsburgh Arthur Hellman told Larry Williams the difficulty for the Trump Administration is that today's decision was unanimous.

"The government would just not have very much to go on to take the case to the Supreme Court, where they'd have to persuade five justices out of the eight to go their way."

Trump's January 27 executive order barred entry for citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days and imposed a 120-day halt on all refugees, except refugees from Syria who are barred indefinitely.

US District Judge James Robart suspended Trump's order last Friday.

Thursday's ruling, which follows a hearing on the case on Tuesday, does not resolve the lawsuit, but relates instead to whether Trump's order should be suspended while litigation proceeds.

Trump has criticised Robart, for suspending it.

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