A US appeals court today refused to reinstate Donald Trump's controversial travel ban on nationals from seven Muslim-majority countries, in a major political setback to the President, who vowed to legally challenge the unanimous ruling, saying "see you in court".
"We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay," the judges said in the unanimous order.
"The government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States," the three-judge bench of the 9th US Circuit Court of Appeals here said, making it clear that they would not block a ruling by a Seattle court that halted Trump's executive order.
Trump signed an executive order last month suspending the arrival of all refugees for at least 120 days, Syrian refugees indefinitely, and barring citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days, fulfilling one of his central campaign promises.
The judgment means that citizens of seven majority-Muslim countries will continue to be able to travel to the US.
"Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all. We disagree," the judges wrote.
"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," they said.
The judgment of the federal appeals court here is seen as a significant blow to the Trump Administration which has argued that the President's executive order was a major step to prevent entry of radical Islamic terrorists to America.
Trump responded with an angry tweet saying national security was at risk and there would be a legal challenge.
"SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!" he wrote, indicating that he is deeply disappointed with the court's decision.
The Trump Administration had reached out to the court, requesting it to lift the halt on the implementation of its executive order that was ordered by a federal court in Seattle after an appeal filed by the Washington state.
The San Francisco court had held an oral hearing on the case early this week.
During an interaction with reporters after the judgment, Trump described the ruling as a 'political decision'.
"It's a political decision, and we're going to see them in court. This is just a decision that came down, but we're going to win the case," Trump said.
Trump's political opponents and rights activists immediately celebrated the court verdict.
"The Constitution wins," said Indian-American Congresswoman Pramila Jayapal, who is one of the leading Democratic lawmakers fighting Trump's executive order.
Disclaimer: No Business Standard Journalist was involved in creation of this content
