President Donald J. Trump of the United States face a tough battle in the coming days. His administration was effectively stopped in its attempt to enforce the travel ban on citizens of seven countries by James Robart, a Judge of the US District Court. The judge has issued a temporary restraining order on February 3, and the order is applicable all over the United States. This order provides the judge to consider the case better. This move also imparts the notion that the judge may issue a permanent injunction.
Trump versus liberals
What is worse that the result of the ruling on the ultimate legality of the executive order is also in doubt. Any appeals on the Judge Robart decision in Seattle will involve the Trump administration to fight against a regional court firmly under the control of liberal-leaning judges. The latter have shown scant sympathy for Trump logic for the ban. It is also the ill-luck of the president that the Supreme Court is now evenly split with four members each between conservatives and liberals.
The Trump administration predictably has appealed the stay order. The US Circuit Court of Appeals in San Francisco announced late on February 5th that it will not take a decision on whether to the lift the ruling. The US government have requested the latter. The court has informed that a decision can only be taken after briefs will be read and analyzed after being sourced by both parties. The administration is expected to file in the second week of February.
Supreme Court recourse
It is to be remembered that appeals courts are by nature wary of disturbing any status quos- in this particular instance- the ban suspension. The events happened as travelers were detained at airports due to the initial ban announcement on January 27. If the stay was lifted, the ban would again come back to force.
There is a high probability that the appeals could take into cognizance the number of cases all over the United States which challenge the ban. If the decision of the district court was overturned, there could be another judge sitting somewhere else in the United States to impose new orders. There could be yet another round of multiple court filings. In case the order is upheld by the appeals court, the administration may quickly ask the United States Supreme Court to step in. However, as per legal experts, the high court is usually reluctant to wade in cases like this.