Thursday night a federal appeals court announced its decision to sustain the temporary restraining order preventing implementation of President Trump’s immigration ban.
In its decision, the San Francisco-based 9th Circuit Court of Appeals ruled, “The Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”
In immediate response to the ruling, President Trump tweeted, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE.”
It should be emphasized that the court’s ruling was only about the stay, not the merits of the ban itself.
The administration could seek urgent action from the Supreme Court or wait for rulings from lower courts before filing another appeal. Seeking urgent action would necessitate support from five justices while waiting for the lower courts could allow enough time for Trump’s Supreme Court nominee, Neil Gorsuch, to be confirmed.
Thus, the question for the Trump administration becomes, appeal the decision now and gamble on receiving the support of five justices, or allow the suspension to stand for months and bank on confirmation of Gorsuch?
Based on the sentiments expressed in President Trump’s tweet, an urgent appeal to the highest court is not out of the question.
Emily Jashinsky is a commentary writer for the Washington Examiner.
