The next steps in the legal fight over Trump's travel ban
WASHINGTON (AP) — 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.
The Trump administration could decide to ask the 9th U.S. Circuit Court of Appeals to reconsider the three-judge panel's ruling.
White House counsel Donald McGahn had issued guidance days after the executive order saying it didn't apply to legal permanent residents of the U.S., but the appeals court said that was not enough.
"The government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the executive order signed by the president," the opinion said.
The appeals court issued a sharp rebuke to the Justice Department's argument that the president has the constitutional power to restrict entry to the United States to prevent terrorism, and that courts cannot second-guess that authority.
"There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy," the opinion said.
The appeals court said the administration failed to show that the order satisfied constitutional requirements to provide notice or a hearing before restricting travel.