Appeals court could rule on travel ban by mid-week, say legal experts
Just hours after the Ninth Circuit Court of Appeals blocked an attempt to re-impose the travel ban, those previously barred are boarding planes.
Isahaq Ahmed Rabi, a Somali national detained at SeaTac Airport on February 28, is expected to land in Seattle on Monday morning.
Silverdale’s Jayne Novak confirmed to KING 5 News that her husband and stepdaughter were able to board a plane in Tehran Sunday evening and are also scheduled to land in Seattle on Monday morning.
“Some lawyers are giving advice that this is your opportunity, come on. And some are coming and some are just waiting it out,” Seattle University law professor Won Kidane said.
Saturday night, President Trump's officials appealed, attempting to halt Judge James Robart’s temporary restraining order from Friday.
“The allegation by the government is that the president has broad authority especially in the area of immigration, which is partially true,” Kidane said.
The immigration law professor says the Ninth Circuit Court of Appeals denied the DOJ’s request because judges wanted to hear Washington State’s side first and instead are expediting the appeals process.
This will be the likely timeline, according to Kidane:
* Sunday at midnight: Washington State must file opposing remarks in response to the DOJ’s appeal
* Monday at 3 p.m. PST: The DOJ must file a rebuttal
* Monday or Tuesday: The Ninth Circuit Court of Appeals will set a schedule to hear oral arguments
* Wednesday or Thursday: Oral arguments are likely to begin, and a panel of judges may make a decision about the appeal
Kidane says the Appeals Court will likely try to understand the president’s true intentions for the Executive Order.
“To see if, generally, the president's measure makes sense in terms of what is the reason you're banning people from seven countries? And then answer is national security. Is that based on facts or fiction?” Kidane said.
Sunday, President Trump Tweeted: “Just cannot believe a judge would put our country in such peril. If something happens blame him and the court system.”
The tweets, however, could backfire in court if lawyers claim they’re evidence of discrimination, according to Kidane.
“The solicitor general was making this argument. The political rhetoric: the president has said this, has said this,” Kidane said. “So they’re trying to prove the president has this discriminatory intent and the real objective of this executive order is not national security. It may have that, but it’s discriminatory. He’s trying to exclude a particular class of persons.”