Tonight a panel of the 9th Circuit Court of Appeals issued a decision backing an earlier decision by a federal district court judge in Washington State that put President Trump’s national security Executive order affecting seven countries that harbor terrorists on hold.
This decision is disappointing and clearly puts our nation in grave danger.
The fact is that President Trump clearly has the constitutional and statutory authority to issue this order. It is clear: radical Islamic terrorists are at war with America. President Trump’s order is a proper and constitutional way to protect America.
In our amicus brief filed with the federal appeals court, the ACLJ argued that President Trump’s Executive Order is not only necessary, but constitutional as well.
“The directives contained in the President’s Executive Order are closely tethered to discretionary powers vested in the Executive Branch by the Constitution and Congress and clearly fall within the President’s well-established constitutional and statutory authority,” the brief contends.
If the Trump Administration appeals this decision to the Supreme Court of the United States, we will file an amicus brief with the high court. Our position is clear: We contend that President Trump acted lawfully and constitutionally.
We also urge President Trump to reissue the Executive order clarifying areas the court misinterpreted, undercutting this flawed decision, and allowing for an order to be immediately implemented protecting our national security.
Watch below for a full legal analysis of the court’s decision and what comes next from our national security team: