Next Steps in Legal Fight Over Trump's Travel Ban

• Published date: 11 February 2017
• Publication title: Arab News Service

11 February 2017 (VOA) President Donald Trump has promised more legal action after a federal appeals court refused to reinstate his ban on travelers from seven predominantly Muslim nations. Trump tweeted "SEE YOU IN COURT" after the decision came out Thursday, but what he has in mind remains to be seen.

Trump said Friday that he has "no doubt" he will win the case in court and told reporters he's considering signing a "brand-new order" on immigration.

The 3-0 ruling means that refugees and people from the seven nations -- Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen -- can continue entering the United States for now. The administration has several options on how to proceed. Here's a look at where the legal fight goes from here.

Rehearing at the Appeals Court

The Trump administration could decide to ask the 9th U.S. Circuit Court of Appeals to reconsider the three-judge panel's ruling. But the odds of success seem low, said Margo Schlanger, a law professor at the University of Michigan. She noted that the three-judge panel was unanimous and included a judge chosen by a Republican president.

Supreme Court appeal

The government could file an emergency appeal to the Supreme Court and ask the justices to restore the ban. But it would take at least five justices to overturn the ruling from the 9th U.S. Circuit Court of Appeals, and that may be a long shot. The high court still has only eight members since the death of Justice Antonin Scalia -- four conservative and four liberal justices.

"There are almost surely four votes to deny an emergency request to reinstate the order," said Peter Spiro, a law professor at Temple University.

The last immigration case to reach the justices ended in a 4-4 deadlock last year. That suggests a similar split over Trump's order, which would let the 9th Circuit ruling stand and keep the freeze in place.

Waiting for Gorsuch

If the Supreme Court declines to intervene right away, the case would remain in the 9th Circuit and ultimately be considered on its legal merits. It also could return to U.S. District Judge James Robart in Seattle, who temporarily blocked the ban after Washington state and Minnesota urged a nationwide hold on the Jan. 27 order.

The lower court action so far is temporary and hasn't resolved broader questions about the legality of Trump's order. It simply halts deportations or other actions until judges can more fully consider whether the order violates legal or constitutional rights.

Allowing the case to play out...