Donald Trump is facing the biggest test of his presidency so far, a setback for one of his signature initiatives and, just as important, a rebuff to him personally and the win-above-all philosophy that has dominated his career.
Trump reacted angrily to a federal appellate court ruling Thursday against reinstating his order temporarily banning refugees and pausing the flow of immigrants to the United States from seven Muslim-majority nations: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. He called the court ruling a "political decision" that would damage national security.
"We have a situation where the security of our country is at stake," he told reporters at the White House, "and it's a very, very serious situation so we look forward ... to seeing them in court. We're going to win the case." He didn't elaborate but White House aides said he would confer with Attorney General Jeff Sessions to determine the administration's next steps.The unanimous decision by three judges on the 9th U.S. Circuit Court of Appeals, based in San Francisco, declined to overturn a lower court ruling that suspended Trump's executive order, one of his most far-reaching decisions that caused a firestorm of criticism and protest across the country and around the world.
But White House counselor Kellyanne Conway said, "The statute provides a president ... with great latitude and authority to protect the citizens and to protect the nation's national security. This was not argued on the merits. Now that we'll have an opportunity to argue on the merits we look forward to doing that. We look forward to prevailing."The 9th Circuit court rejected arguments by the Justice Department that the president not only has the constitutional authority to restrict entry into the United States but that the courts can't thwart him when he decides to limit entry based on a need to prevent terrorism. The court concluded, "It is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action."
The appellate decision backed a temporary restraining order by U.S. District Judge James Robart in Seattle. He halted Trump's ban last week, and the federal government appealed, leading to Thursday's decision to uphold Robart. Trump has derided Robart as a "so-called judge" and called his decision "ridiculous." He also criticized the appellate court for even considering that his executive order might be illegal and said the court's proceedings were "so political."
Federal Judge Neil Gorsuch, Trump's Supreme Court nominee, has referred to Trump's comments and other criticism of judges as "demoralizing" and "disheartening," according to senators who talked with Gorsuch recently.
Senate Minority Leader Chuck Schumer, D-N.Y., wrote on Twitter Thursday that Trump "ought to see the writing on the wall" and give up on his executive order. Schumer urged Trump to "roll up his sleeves" and develop "a real, bipartisan plan to keep us safe."
The furor goes to the heart of Trump's approach to governing. He wants to do everything his own way, hates to be second-guessed and detests it when he is rebuffed. He lashes out when people oppose him, often making compromise more difficult, if he tries to compromise at all.
In a tangle with Sen. John McCain, R-Ariz., on another matter – over whether a recent deadly U.S. raid into Yemen was successful – Trump said of McCain, "He's been losing so long he doesn't know how to win anymore." The remark is relevant to the immigration case because it showed what Trump considers his most cutting insult – that someone is a loser. He never wants to be in that category.
Donald Trump is facing the biggest test of his presidency so far, a setback for one of his signature initiatives and, just as important, a rebuff to him personally and the win-above-all philosophy that has dominated his career.
Trump reacted angrily to a federal appellate court ruling Thursday against reinstating his order temporarily banning refugees and pausing the flow of immigrants to the United States from seven Muslim-majority nations: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. He called the court ruling a "political decision" that would damage national security.
"We have a situation where the security of our country is at stake," he told reporters at the White House, "and it's a very, very serious situation so we look forward ... to seeing them in court. We're going to win the case." He didn't elaborate but White House aides said he would confer with Attorney General Jeff Sessions to determine the administration's next steps.The unanimous decision by three judges on the 9th U.S. Circuit Court of Appeals, based in San Francisco, declined to overturn a lower court ruling that suspended Trump's executive order, one of his most far-reaching decisions that caused a firestorm of criticism and protest across the country and around the world.
But White House counselor Kellyanne Conway said, "The statute provides a president ... with great latitude and authority to protect the citizens and to protect the nation's national security. This was not argued on the merits. Now that we'll have an opportunity to argue on the merits we look forward to doing that. We look forward to prevailing."The 9th Circuit court rejected arguments by the Justice Department that the president not only has the constitutional authority to restrict entry into the United States but that the courts can't thwart him when he decides to limit entry based on a need to prevent terrorism. The court concluded, "It is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action."
The appellate decision backed a temporary restraining order by U.S. District Judge James Robart in Seattle. He halted Trump's ban last week, and the federal government appealed, leading to Thursday's decision to uphold Robart. Trump has derided Robart as a "so-called judge" and called his decision "ridiculous." He also criticized the appellate court for even considering that his executive order might be illegal and said the court's proceedings were "so political."
Federal Judge Neil Gorsuch, Trump's Supreme Court nominee, has referred to Trump's comments and other criticism of judges as "demoralizing" and "disheartening," according to senators who talked with Gorsuch recently.
Senate Minority Leader Chuck Schumer, D-N.Y., wrote on Twitter Thursday that Trump "ought to see the writing on the wall" and give up on his executive order. Schumer urged Trump to "roll up his sleeves" and develop "a real, bipartisan plan to keep us safe."
The furor goes to the heart of Trump's approach to governing. He wants to do everything his own way, hates to be second-guessed and detests it when he is rebuffed. He lashes out when people oppose him, often making compromise more difficult, if he tries to compromise at all.
In a tangle with Sen. John McCain, R-Ariz., on another matter – over whether a recent deadly U.S. raid into Yemen was successful – Trump said of McCain, "He's been losing so long he doesn't know how to win anymore." The remark is relevant to the immigration case because it showed what Trump considers his most cutting insult – that someone is a loser. He never wants to be in that category.
