Late last night the Trump regime appealed the federal court order halting its Muslim immigration ban to the 9th Circuit, demanding an immediate reinstatement based on the grounds of national security. Early this morning the 9th Circuit replied with "nope."
The decision from the US Court of Appeals for the Ninth Circuit means the bans will remain on hold through the weekend, with a decision on a further request to reinstate the ban put off until at least Monday afternoon.
Justice Department lawyers had gone to the appeals court earlier Saturday, asking for an immediate stay of a lower court’s order that stopped enforcement of major portion’s of Trump’s Jan. 27 executive order nationwide.
The request came a little more than 24 hours after the Friday night order from US District Judge James Robart halting enforcement of much of President Trump’s executive order temporarily stopping visa-holders from seven majority-Muslim countries from entering the US and shutting down the US refugee program temporarily and entrance of Syrian refugees indefinitely.
“Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied,” the late-night order from the appeals court stated.
In addition to the immediate stay request, the Justice Department’s lawyers also asked for a stay pending the department’s appeal of Robart’s order. That request is still under consideration.
Lawyers from Washington and Minnesota, who had brought the challenge in Robart’s court in Seattle, have until 11:59 p.m Sunday Pacific Time to file a response to the Justice Department’s request. The Justice Department then has until 3:00 p.m. Pacific Time Monday to file a reply brief.
So far the judiciary is passing the test on whether or not we have three branches of government, or just one. How long that will last is anyone's guess. We'll see how Week Three of the Trump regime proceeds.