In a major blow to the Trump Administration,on Thursday unanimously denied the federal government’s efforts to reinstate the president’s travel ban and rejected a Justice Department argument that it violates the separation of powers for judges to “entertain a constitutional challenge to executive actions such as this one.”
Gabriel “Jack” Chin, a UC Davis law professor and expert on immigration law, said that Robart could preclude an evidentiary hearing by deciding whether the executive order is discriminatory on its face, one way or the other. He said the Seattle judge will be moving onto “very, very tricky terrain” if he sides with the state of Washington’s lawyers that the president’s thinking needs to be investigated.
“That is a big lift,” Chin said.
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