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Last evening, the Ninth Circuit Court of Appeals essentially upheld the restraining order put in place last week by the US District Court for the Western District of Washington. This earlier order enjoined (prevented) the US government from enforcing the 90-day travel ban on individuals from the seven designated countries, the 120 ban on refugee admissions, and the indefinite suspension of Syrian refugee Admissions as well as certain other refugee-related provisions.
In denying the administration’s motion for an emergency stay of the temporary restraining order, the court found that the administration failed to show both a likelihood of success on the merits of its appeal and that the lack of a stay preventing the injunction would cause irreparable injury.
The case stays with the US District Court for the Western District of Washington for now, with a briefing deadline of February 17, 2017. The administration could decide to appeal the restraining order to the US Supreme Court, though even a four-four tie of the court’s current eight justices would leave the injunction in place – five votes would be needed to override.