The 9th Circuit Court of Appeals has ruled that President Donald Trump violated the law with his executive order that banned Muslims from traveling to the United States.
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NBC’s Pete Williams reported, “This is a ruling basically saying the President violated the law in this executive order.”
This ruling is different, because the judges ruled that Trump failed to meet the essential standard for using his power, “In suspending the entry of more than 180 million nationals from six countries, suspending the entry of all refugees, and reducing the cap on the admission of refugees from 110,000 to 50,000 for the 2017 fiscal year. The President did not meet the essential precondition to exercising his delegated authority: The President must make a sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States.’”
In other words, the ruling went beyond the legality of the ban, and discussed the legality of the President’s actions, and found that he broke the law. Trump did not demonstrate that the refugees were detrimental to the interests of the United States.
The Trump White House conception of unlimited executive power was dealt a huge blow in this ruling. The President does not have unlimited power. He can’t dash off an executive order and ban Muslims to fulfill a campaign promise.
There are checks and balances, and once again, our Judicial Branch as limited the power of Executive who demands no limits.
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