New Immigration Policy to Come Following Multiple Court Defeats of Travel Ban
According to a new filing made by the Department of Justice, it is believed that President Trump will look to withdraw his executive order which bans the travel of 7 countries to replace it with an updated order.
The justice department wrote during the 9th circuit court of appeals, “Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns”
The enforcement of the President’s executive order banning travel from seven Majority-Muslim countries was suspended following a federal district judge in Seattle issued a temporary restraining order against it. This injunction was then upheld on the 9th of February by the 9th circuit court of appeals. The recent filing has argued that the ninth circuit should await Trump’s new order rather than reconsider their ruling on the temporary ban.
The filing contradicted Trump’s own statements at an extraordinary press conference on Thursday, when the president lambasted the ninth circuit, calling it “a bad court” that had made “a bad decision”, and stating: “We are appealing that and we are going further.” The President also mentioned that the new order would “comprehensively protect our country” and it would be “tailored to the decision we got down from the court”. His later remarks, carried on his running war of words against the judiciary as he said in reference to the country’s largest appeals that “The circuit is in chaos, and that circuit is frankly in turmoil”.
Trump even cited two misleading statistics about the 9th circuit’s rate of having its rulings overturned by saying, “I’ve heard 80%. I find that hard to believe. That’s just a number I heard. That they’re overturned 80% of the time”. The debate over how many rulings that have overturned even became a big talking point as a result in rightwing media. According to Politifact, on the day of the ruling – Feb 9th – Fox News host Sean Hannity called the 9th circuit “the most liberal court of appeals, the most overturned court in the country”. Furthermore, a post by the rightwing, Daily Caller, cited the “80% reversal rate at supreme court” figure, during an analysis by the American Bar Association.
Both of these claims about the court are in fact misleading. The fact checking sites Snopes and the above mentioned, Politifact have proved this figure wrong following its first mention. The supreme court only reviews about 0.1% of all appeals court decisions each year. Of the cases that were taken back up, they only reversed or removed 80% of the cases from between 1998 and 2008. However, those reversals actually only refer to a small fraction of the ninths overall decisions.
The ninth circuit is just the most recent branch of the judiciary to feel the anger from the president. He referred to the federal district judge who initially granted the temporary injunction against his executive order as a “so-called judge” on Twitter. During his campaign, Trump also accused a judge ruling over a case involving his “university” of being biased due to his “Mexican heritage”.
It is still unsure the exact day that Trump will announce his new executive order but it is believed that this will be released during this week.