A Closer Look at the Appeals Court Ruling Freezing Trump’s Immigration Ban

Diane Ravitch's blog

This is a very informative article about the 29-page opinion handed down yesterday by a unanimous three-judge panel.

This decision was meant to let Trump know that we have a government in which the President does not have unlimited power. No imperial presidency.


The administration argued that the Oresident’s executive order could not be reviewed by the courts. The judges disagreed.

“The administration made the argument that the case was not even reviewable, despite ample precedent from the George W. Bush years. In its most memorable line of the opinion the judges held, “There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.” The court pointed out that even in the immigration and national security realms the political branches are subject to judicial review. Given the president’s recent public hectoring and threats to hold the court responsible for any…

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