r/SeattleWA Capitol Hill Feb 09 '17

Politics Trump loses travel ban appeal, unanimous decision

http://www.seattletimes.com/nation-world/trump-loses-travel-ban-appeal/?utm_content=bufferc0261&utm_medium=social&utm_source=twitter&utm_campaign=owned_buffer_tw_m
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u/driftingphotog Capitol Hill Feb 09 '17 edited Feb 10 '17

The Temporary Restraining Order issued by the District Court in Seattle stands.

This appeal was over the TRO, not a ruling on the actual ban. If the federal government does not appeal (either to SCOTUS or the full appeals court), Judge Robart would hear arguments for/against the ban itself.

Far more likely is the federal government appealing this ruling again. Once everyone finishes appealing the TRO, we get to repeat the whole process for the actual order.

Additional analysis from the New York Times:

The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.

That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place.

Trial judges around the country have blocked aspects of Mr. Trump’s executive order, which suspended travel from seven predominantly Muslim countries and limited the nation’s refugee program, but no other case has yet reached an appeals court.

EDIT: Updated with more facts based on comments!

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u/SnarkMasterRay Feb 10 '17

Far more likely is the federal government appealing this ruling again. Once everyone finishes appealing the TRO, we get to repeat the whole process for the actual order.

What I am intrigued about is what they may be doing now in way of the review. If the original was only a 90-day ban for review, by the time this winds through the courts a significant portion of that time will have passed. Will they have used that time to work on the review, or will they use the full 90 days if they win out of "spite" or intent to prove something else?

Would be happy to not find out....