A Trump administration request for administrative stay and motion for stay pending appeal was denied late Saturday in the U.S. Court Of Appeals for the 9th Circuit after the Department of Justice, which represented President Trump, appealed the Friday decision from U.S. Federal Judge James Robart in Seattle which halts the President’s January 27th Executive Order that closes the door to refugees entering the U.S. for 120 days and 90 days for citizens of 7 mostly Muslim majority countries in the Middle East and North Africa.
Trump Administration's request for immediate administrative stay DENIED. pic.twitter.com/R3tTRPyv3U
— WA Attorney General (@AGOWA) February 5, 2017
An acting U.S. Solicitor General, the third-highest-ranking official in the U.S. Department of Justice, filed the emergency motion for administrative stay and motion for stay pending appeal on behalf of President Trump late on Saturday after the President vowed on Twitter to have the legal opinion challenged and reversed.
President Trump tweeted on Saturday that the legal opinion of the “so-called judge” is ridiculous and will be overturned.
After Trump’s Executive order was halted in federal court on Friday, White House Press Secretary Sean Spicer wrote in a statement, “the president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people.”
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!
— Donald J. Trump (@realDonaldTrump) February 4, 2017
In the emergency motion for administrative stay and motion for stay pending appeal which the 9th Circuit Court rejected late Saturday, the legal argument centered around the notion that it violated constitutional separation of powers, harms the public, and second- guesses the President’s national security judgment about the magnitude of risk posed by allowing for the admission of certain classes of aliens in the country.
“The injunction contravenes the constitutional separation of powers; harms the public by thwarting enforcement of an Executive Order issued by the nation’s
elected representative responsible for immigration matters and foreign affairs; and second-guesses the President’s national security judgment about the quantum of risk posed by the admission of certain classes of aliens and the best means of minimizing that risk” the emergency motion states.