"Thus, by the Government's own account, the need for the travel and refugee bans has passed", they wrote. The Supreme Court may still uphold the ban-Anthony Kennedy would likely be the swing vote, as he often is-though one would hope that it would at least confirm that it had a right to review it.
"The executive branch is entrusted with the responsibility to keep the country safe under Article II of the Constitution", Sessions said in a written statement. Acting Solicitor General Jeffrey Wall said the travel ban is well within the president's broad authority to secure the nation's borders, an assertion that drew skeptical questioning from the judges, all appointees of President Bill Clinton.
The 9th Circuit's more narrow focus on immigration law may appeal to conservative justices on the Supreme Court who might be loath to extend their review beyond the text of the executive order to include the president's campaign statements about a Muslim ban, said David Levine, a professor at the University of California, Hastings College of the Law.
The so-called travel ban was already headed for the Supreme Court as another federal appeals court had ruled against the Republican president, and the Justice Department had asked the high court to hear the case.
Last week, Trump tweeted that the revised executive order was a "watered down" version of his original "travel ban".
Due to these statutory defects, the court affirmed almost all of Watson's injunction.
The 9 Circuit noted a problem with this logic: The INA requires that the President "find"-not speculate or hypothesize, but rationally determine-that a certain class of aliens poses a threat". That interpretation would render the Fourth Circuit's case moot this week, and the Ninth Circuit's case moot in another month when 120 days runs out. The administration has appealed that ruling to the Supreme Court. But, the court found, once one president sets that number, it can not be decreased mid-year-the INA permits no such interim meddling.
On June 6, Trump tweeted: "That's right, we need a travel ban for certain unsafe countries, not some politically correct term that won't help us protect our people!", reports CNN. A string of court rulings have blocked the ban on travelers from Libya, Iran, Somalia, Sudan, Syria and Yemen.
As for the national security justification, the court likewise finds the government didn't come up with much of anything to justify excluding people from these countries.
Hawaii's court papers mentioned a series of Twitter posts that Trump wrote on June 5, after the administration sought Supreme Court intervention. A Hawaii federal judge blocked the ban on March 15, referencing multiple statements by Trump and others administration members indicating the travel ban had a religiously motivated objective. But the central logical problem, for the court, was that the order targeted nationals of those countries, even if they had not been to them in years.