Appeals court upholds restraining order on Trump's Muslim ban

Protesters at San Francisco International Airport on Jan. 28, 2017.

A three-judge panel on Thursday kept in place a temporary restraining order that blocks Donald Trump's Muslim ban nationwide. Here’s the ruling from the Ninth Circuit Court of Appeals.

BREAKING: 9th Circuit Court of Appeals rules against reinstating Trump's immigration executive order https://t.co/ySV4w1Dx1b

— CNBC (@CNBC) February 9, 2017

The ruling was not on the merits of ban itself, but rather a decision to continue blocking the ban while the executive order itself is under review. The Trump administration is expected to appeal the ruling to the Supreme Court.

This decision is a complete repudiation of the argument government lawyers made that the executive branch has unchecked authority over immigration issues. From the opinion:

In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action. 

The panel also concluded that the Trump administration wasn’t likely to prevail on the merits of an appeal.

Ninth Circuit rules against Trump. Injunction blocking the EO's enforcement stays intact. pic.twitter.com/3boChrFGoI

— Matt Ford (@fordm) February 9, 2017

Thursday, Feb 9, 2017 · 11:42:20 PM +00:00 · Kerry Eleveld

UPDATE: Not to quibble, but he’s already been to court… and lost.

SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!

— Donald J. Trump (@realDonaldTrump) February 9, 2017