Judge Blocks Trump Travel Ban Nationwide; White House Vows To Challenge "Outrageous Order"

Tyler Durden's picture

Update: Moments ago, the White House issued a statement saying the DOJ would, as expected, challenge the federal court's ruling that halted travel ban "at the earliest possible time" and will file an emergency stay of Robart's "outrageous order."

Expect angry Trump tweets to follow.

* * *

Following a brief moment of 'success' for the Trump administration as a Boston judge ruled Trump's immigration policy was not a Muslim ban, a Bush-appointed federal judge in Seattle, who said the states of Washington and Minnesota can sue claiming their residents were harmed by the ban, granted a nationwide temporary restraining order blocking Trump's immigration ban.

District Judge James Robart ruled the executive order would be stopped nationwide effective immediately: his ruling was the most comprehensive legal rebuke of Trump’s Jan. 27 executive order prohibiting immigrants from Iran, Iraq, Syria and four other nations from entering the U.S. for 90 days. Judges in Brooklyn, New York, Los Angeles and Alexandria, Virginia, had previouslyissued orders that are less sweeping.

Washington Attorney General Bob Ferguson was delighted with the decision: “The Constitution prevailed today,” Ferguson said in a statement after the ruling.

“It is not the loudest voice that prevails on the Constitution,” Ferguson continued speaking outside the courthouse. “We are a nation of laws, not even the president can violate the Constitution. It's our president's duty to honor this ruling and I'll make sure he does," Ferguson added hopefully.

Good luck with that.

In his ruling, Robart said that "the state has met its burden in demonstrating immediate and irreparable injury" while Fergsuon added that "Judge Robart's decision, effective immediately, effective now, puts a halt to President Trump's unconstitutional and unlawful executive order. It puts a stop to it immediately, nationwide." The court order, effective immediately, will remain in place until the judge considers a motion - probably within a month - to permanently invalidate the president’s order, Ferguson said.

Ferguson, a Democrat, filed the lawsuit three days after Trump signed the executive order. The suit argued that the travel ban targets Muslims and violates constitutional rights of immigrants and their families. 

In his request for the order, according to Bloomberg, Ferguson had said the effects on the state included economic consequences for employers based there, including Microsoft Corp., Starbucks Corp. and Amazon.com Inc. Expedia Inc., based in Bellevue, Washington, had about 1,000 customers with flight reservations in or out of the U.S. from the seven countries, he said. Minnesota, like Washington, cited the effect of the ban on students at its colleges and universities, as well as health care centers including the Mayo Clinic. The state’s 5.4 million residents included 30,000 immigrants from the affected countries, it said in the lawsuit.

According to The Hill, in a phone interview with CNN Friday evening, Ferguson said he "expected win, lose or draw" that the case would move "fairly quickly through, up to the Ninth Circuit" Court of Appeals -- "just because of the magnitude of the executive order."

And hinting that the Supreme Court showdown we suggested previously now appears inevitable, Ferguson added that he is "prepared for this case to go all the way to the Supreme Court whichever way the Ninth Circuit Court of appeals goes," he said, anticipating a challenge to Robart's ruling. "It's a case of that magnitude, it's a case that frankly I think will ultimately end up before the U.S. Supreme Court, so that would not surprise me one way or the other."

Ferguson's ruling was on the basis that states had already suffered harm from the travel ban. He also said the lawsuit challenging the legality of the order has a good chance of succeeding. Lawyers for the government had argued the states lacked standing to sue, according to the Seattle Times, and that the order was within Trump's executive powers.

That said, it is likely that like last Saturday's Brooklyn decision, that this ruling oo is being blown out of proportion: to wit, a Department of Homeland Security official told NBC News that "the judge's order will have no immediate practical effect" adding that "all previously issued visas from the seven affected countries were canceled by last week's executive order" meaning all travelers would have to reapply.

Furthermore, the Trump administration could seek a stay of the Seattle judge's order.

The decision came on a day that attorneys from four states were in courts challenging Trump's executive order. Trump's administration justified the action on national security grounds, but opponents labeled it an unconstitutional order targeting people based on religious beliefs - which the Boston judge has since ruled invalid.

Also on Friday, Hawaii’s Doug Chin became the sixth state attorney general to sue or support lawsuits seeking to block Trump’s order.

At this rate, it now appears almost certain that the Trump executive order showdown will conclude in the Supreme Court... where the tie breaking Justice will be the just appointed by Trump, Neil Gorsuch. Which is why one can see why Trump may feel confident about the outcome of the case.

* * *

The case is State of Washington v. Trump, 17-cv-00141, U.S. District Court, Western District of Washington (Seattle). The Boston case is Loughghalam v. Trump, 17-cv-10154, U.S. District Court, Massachusetts (Boston). The text of the full Temporary Restraining Order is below.

 

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DontGive's picture

You're fired. Bitch.

froze25's picture

Don't worry he will keep winning 

Manthong's picture

Looks like these liberal Federal Judges are presenting a nationwide game of “Whack-A-Mole” to the new Administration.

LetThemEatRand's picture

Trump jumped the shark on this one, so he's playing whack-a-mole.  This is how our Constitutional system works.  As much as I agree with Trump's EO, I urge ZH readers to remember what is most important which is the Constitutional framework.  It's kept us on top of the hill for a long time, as imperfect as it is.  Let it play out.  We will prevail so long as we defend it and do not give in to the desire for temporary fixes.

Son of Loki's picture

Soweeto bin Bama quickly appointed about 100 sjwanti-American judges in his last day or two in office. it will take time to replace these left wing activists with real judges who follow the plain language of the law and want to keep American safe instead of allowing terrorists into the country.

IntTheLight's picture

This was a Bush hire. That family awful.

FreezeThese's picture
FreezeThese (not verified) IntTheLight Feb 3, 2017 10:45 PM

Oh y'all thought the coup was just gunna do whatever huh? Bannon and Milo sitting in a tree

Handful of Dust's picture

The big tech companies are in a panic they may actually have to hire Americans for a change.

Ferguson is twisting a tech crying baby money complaint into a religion issue which it not.

It is a protect Americans from terrorist issue and the president has the power to issue these orders. Evey American worker should be up in arms over this Washington suit if they understand how damaging it is to them. Perhaps the unions will wise up and support trump on this issue which is in essence protecting their jobs as well as protecting all of America against more terrorism.

J S Bach's picture

Time to start targeting these judges ala the "Turner Diaries".

Chris Dakota's picture
Chris Dakota (not verified) J S Bach Feb 3, 2017 11:14 PM

One of Bush's ACTIVIST Judges

Watch federal judge James Robart's #BlackLivesMatter declaration, plus his challenge to Seattle's police union. pic.twitter.com/UDgQl2XCiu

ACP's picture

Use the ndaa to put that pos judge in gitmo.

xythras's picture
xythras (not verified) ACP Feb 4, 2017 10:33 AM

TRUMP has to fight the Deep State.  And don't forget that the Deep State own Judges also, not only Politicians. 

The Deep State in the Age of Trump

http://dailywesterner.com/news/2017-02-04/the-deep-state-in-the-age-of-t...


Joe Sichs Pach's picture

Talk about activism from the bench. JFC

FreezeThese's picture
FreezeThese (not verified) Handful of Dust Feb 3, 2017 11:06 PM

It's the paid protesters ... our forefathers saw it was coming hence checks and balances ... WH panicking, typical. Sad

oncefired's picture

No Panic....He just flew to Florida to finish signing EO's in the warmth! You Snowflakes are Toast, waiting for you to push to far and then the wrath of the Deplorables is going to come down on you like a ton of bricks......It Won't Be Pretty!

Joe Sichs Pach's picture

I agree but who determines what or when is "too far"?
We've all sat through 8+ years of shit and now it seems to be getting more violent. Somebody's going to end up taking the first shot.

Syrin's picture

Someone has to rein these courts in.   ONE man's opinion shouldn't shut down a huge swathe of gov't and make us less secure.   The Supreme Court was supposed to be supreme over COURTS, and that's all.   They GAVE THEMSELVES THEIR POWER.   Take it away.

Urban Redneck's picture

Both the courts AND the Federal Government are out of control.  Trump should use the Antiquities Act, the Kelo decision, and eminent domain, to bulldoze and turn the judge's and prosecutor's houses into parks... Then no matter who loses, we win.   

Oldwood's picture

Progressives have over-run their headlights regarding their agenda. They have been proven unable to dominate through the electoral system given their nation-wide losses, so the judicial system is their primary tool of action. It's no small coincidence that they have dominated law schools so that even the most conservative judges have a progressive sense of righteousness that enables them to act in what they believe is in the public good, ignoring the constitution or law. "Irreparable harm". Got it?

wildbad's picture

This is in the president's bailiwick. Its his call. He is calling it differently than the previous inhabitant of the White House.

This "resistance" is futile and reeks of pandering and grandstanding.

AVmaster's picture

It seems that the meaning(and power) of the constitution has been lost on a lot of people...

 

Trump will give them a very nice education here real soon.

 

The supreme law of the land is on trumps side by the way, dipshits...

lil dirtball's picture

... continual crisis ...

"You live in a theme park." - Joe Walsh

IntTheLight's picture

Do you speak English? I have no idea what you are asking or saying.

IntTheLight's picture

Do you speak English? I have no idea what you are asking or saying.

GUS100CORRINA's picture

FreezeThese ...

Just curious: Upon what facts do you base your comment? Do you have evidence that Bannon and Milo are sitting in a tree? 

This is an "Ad hominem" attack. We get this kind of thing from PROGRESSIVE LIBERALS all the time. It has become their trademark.

You must be one of those kind of people, correct?

HowdyDoody's picture

The seven states in Obomber's list have about 11% of the global Muslim population. They also have non-Muslim populations who are also affected. I understand that people of all religions who have merely visited one of these listed countries are also affected. The other 89% of the world's Muslim population are not affected in any way. Judge, how on earth is this a Muslim ban?

Oldwood's picture

Why is it we can't have voter ID?

Because they have determined it unfairly creates hardships for minorities....because minorities have provable lower reading and comprehension skills. You see, they create "protected classes" that become hardened to change because while they claim they want change, they impose judgements (not legislation) to prevent it. 

MFL5591's picture

Enjoy your day in the sun Fergusen, you have about 65% of the American people sick of you and your kind!

yogibear's picture

"This was a Bush hire."

The New World Order family.

Their globalist masters.

Never One Roach's picture

Not only is he a Bush hire, he ordered pizza to his office an dhad the AG over for a pizza party for lunch time!

Uzda Farce's picture
Uzda Farce (not verified) yogibear Feb 4, 2017 3:37 PM

George H.W. Bush was a director of the Rockefeller/CFR (1977-79). Current CFR members include Jimmy Carter, Bill Clinton, John McCain, Dick Cheney, Lloyd Blankfein and George Soros. Cheney and Soros are former CFR directors. See member lists at cfr dot org.

darkstar7646's picture

How about the American-borns like me who you consider terrorists as well?

Fuck you.

Insomnant's picture

It doesn't matter where the fuck you were born. You aren't American. You have to go back. If you won't go back, you have to die.

847328_3527's picture

American workers should be outraged by this AG in Seattle trying to take their jobs away by protecting the Big Tech Corporations bringing in cheap labor from overseas.

This is all about Corporate profits in the tech sector and not about muslims or religion.  Trumps ban not only protects Americans from terrorism, it also protects American workers from cheap labor flooding in from overseas by Microsoft, etc.

Union workers better get behind Trump on this one if they are smart.

Urban Redneck's picture

The Department of State is not required to issue H1-B visas.  Simply stop issuing them until Gates and Bezos order their pet prosecutor, at their own expense, to fix the problem he created at their direction.

Oldwood's picture

Everyone KNOWS what the deal is now on h1b visas.

http://www.latimes.com/business/hiltzik/la-fi-hiltzik-uc-visas-20170108-...

And everyone should be appalled, but we have been losing our jobs to illegals and the Chinese (and many others) for decades and no one seems to give a shit....until it comes to their door.

GUS100CORRINA's picture

darkstar7646 ...

Just curious: Upon what facts made you conclude that American-borns like you are considered terrorists as well? 

This is an "Ad hominem" attack. We get this kind of thing from PROGRESSIVE LIBERALS all the time. It has become their trademark.

You must be one of those kind of people, correct? Try not to let FEAR and emotion drive your view. Have some faith that things will work out.

yogibear's picture

American Bolsheviks. We all know what they led to.

About 72 years of communism. 

caconhma's picture

So far, Trump and his team have shown total incompetence to run the country as well as to manage the government bureaucracy and work though the US legal system.

Trump,

Using Tweeter will lead you and America to nowhere but to ruins. You are behaving like a fucking bull in a china-shop. Learn in a hurry how to be a legitimate US President. It is not running Miss America Show or being a largest NY slumlord. Lately, you fucked up almost everything.

PS

It is disgusting to see your daughter and her Jewish husband advising you how to do your job. Please do not try to be a king since lately you were a complete asshole.

 

GUS100CORRINA's picture

caconhma

Just curious: Upon what facts made you conclude that Trump and his team have shown total incompetence to run the country as well as to manage the government bureaucracy and work though the US legal system? 

This is an "Ad hominem" attack. We get this kind of thing from PROGRESSIVE LIBERALS all the time. It has become their trademark.

You must be one of those kind of people, correct? Try not to let FEAR and emotion drive your view. Have some faith that things will work out.

BeerMe's picture

What in the Constitution says we can't ban foreign nationals?  What in the Constitution says we can't control immigration?

LetThemEatRand's picture

Keeping in mind that I'm in agreement with the EO, name the provision of the Constitution that addresses immigration at all, and specifically the power of the President to restrict it.

TBT or not TBT's picture

The Constitution addresses citizenship and that determines who We The People are, and AREN'T.   You should read it.  

yogibear's picture

When America was doing well, immigration was checked and the immigrants assimilated into American culture.

Now the libtards are trying to force Americans to assimilate to the immigrant culture.

Plus before immigrants were not given food stamps and welfare. 

25or6to4's picture

If its not specifically enumerated in the constitution then there are no restrictions on either legislation or what the president can do about. You are a real genius. Besides that, the Immigration Act of 1964 all but bans immigration from European countries but I'm sure you've railed against that also.

darkstar7646's picture

*buzzer*  If there's no enumeration, does that not put it into the realm of the States, under the Tenth?