A late night decision (Read the PDF here) from a three-judge panel on the Ninth Circuit Court of Appeals came down in the early hours of Sunday morning:
Washington (CNN)A federal appeals court early Sunday morning denied the US government’s emergency request to resume President Donald Trump’s travel ban.
The Ninth Circuit Court of Appeals has asked for both sides to file legal briefs before the court makes its final decision after a federal judge halted the program on Friday.
What this means is that the ruling by US District Court Judge James Robart, who suspended the ban, will remain in place — for now.
The US Justice Department filed an appeal just after midnight Sunday, asking to pause Robart’s sweeping decision that temporarily halted enforcement of several key provisions of Trump’s executive order.
Lawyers from both sides have until Monday (tomorrow) to make any filings. If the Ninth Circuit upholds Robart’s TRO, expect the Department of Justice to file an appeal with the Supreme Court. If SCOTUS agrees to hear the case with its current 8 justice lineup, that means that if the opinion is a 4-4 partisan split, the Ninth Circuit opinion will stand. If the Supreme Court rules by a 5-3 majority or greater, then its opinion will supersede the Ninth Circuit’s.
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