A panel of three federal appeals court judges on Thursday dealt another blow to President Donald Trump's executive order temporarily banning people from seven predominantly Muslim countries and all refugees from entering the United States. The 9th Circuit Court of Appeals panel ruled against the Trump administration and upheld a Seattle court ruling that blocked implementation of the ban. That means that travelers from the seven countries, as well as refugees, can continue to enter the United States as the case proceeds through court.
In a unanimous decision, the judges rejected the Trump administration's argument that courts could not challenge the president’s executive order: "The Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections.” The judges argued there was no precedent to support this argument, saying that it "runs contrary to the fundamental structure of our constitutional democracy." It also noted "the serious nature of the allegations the States have raised with respect to their religious discrimination claims.”