U.S. Appeals Court Rules Against Reinstating Trump Travel Ban

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week.

A pedestrian stands in front of the Ninth Circuit Court of Appeals Courthouse in San Francisco, California, U.S., on Wednesday, Feb. 8, 2017.
A pedestrian stands in front of the Ninth Circuit Court of Appeals Courthouse in San Francisco, California, U.S., on Wednesday, Feb. 8, 2017. David Paul Morris/Bloomberg

A federal appeals court in San Francisco ruled against reinstating President Donald Trump's ban on travelers from seven predominantly Muslim nations on Thursday.

A panel of three judges from the 9th U.S. Circuit Court of Appeals decided to uphold a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation's refugee program and immigration from countries that have raised terrorism concerns.

Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.

The states said Trump's travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.

Both sides faced tough questioning during an hour of arguments Tuesday conducted by phone — an unusual step — and broadcast live on cable networks, newspaper websites and social media. It attracted a huge audience.

The lower-court judge temporarily halted the ban after determining that the states were likely to win the case and had shown that the ban would restrict travel by their residents, damage their public universities and reduce their tax base. Robart put the executive order on hold while the lawsuit works its way through the courts.

After that ruling, the State Department quickly said people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — with valid visas could travel to the U.S. The decision led to tearful reunions at airports round the country.