A San Francisco-based appeals court on Thursday rejected the Trump administration’s request to resume his executive action on immigration and refugees, setting up a potential showdown in the Supreme Court.
The United States Court of Appeals for the Ninth Circuit ruled unanimously that a nationwide restraining order against Donald Trump’s temporary travel ban may continue while a federal judge considers a lawsuit over the policy.
The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
The administration can now ask the Supreme Court to immediately intervene, which legal experts think is likely, or wait until a ruling on the preliminary injunction order. The high court is currently shorthanded with eight justices. If there is a split decision, the lower court’s ruling would be upheld.