In a sharp rebuke to Donald Trump, the reinstatement of his executive order on immigration was unanimously struck down by the 9th Circuit Federal Court. The ruling from a three-judge panel – made up of Judges Richard Clifton, William Canby and Michelle Friedland – means the citizens of the 7 majority-Muslim countries Trump banned can travel to the United States again.
This wasn’t an ordinary loss either. It was a blowout of the like not seen since Rocky lost to Clubber Lang in the first Rocky III fight. The court didn’t just placidly rule against the Trump White House in flat legalese. Instead they used the opportunity to take shots at the ridiculous nature of their case. In one choice excerpt the judges wrote “The government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.”
SIDE NOTE: It’s worth pointing out that the government didn’t point to any evidence of an attack in the U.S. by someone from those countries because there’s NEVER BEEN a terrorist attack in the U.S. by someone from those countries. Here’s a handy dandy chart for reference.
The court also addressed Trump’s attitude towards the legitimacy of the court, writing, “Rather than present evidence to explain the need for the Executive Order, the government has taken the position that we must not review its decision at all.”
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
The story doesn’t end here of course, as Trump is vowing to bring it all the way to the Supreme Court. The 9th Circuit also left the door open for the President to try and attempt a similar executive order in the future by suggesting he could try to do it in a more constitutional manner.
Trump wanting to take it to the highest court in the land makes the Neil Gorsuch confirmation battle even more interesting. Right now SCOTUS is stuck at eight members, making the possibility of overturning the lower court unlikely. But if Gorsuch is successful in occupying the seat that once belonged to Antonin Scalia, it’s very much up in the air how a decision would pan out.
Gorsuch has already weighed in strongly on Trump’s attacks against the judiciary. In a private meeting this week he told Sen. Richard Blumenthal (D-Conn) that he found the attacks to be both “disheartening” and “demoralizing”. The White House tried to say those statements had been “mischaracterized”, but Gorsuch’s transition adviser Kelly Ayotte verified he had indeed put it that way.