Trump’s least-favorite appeals court hands him another setback
President Trump’s least-favorite appeals court handed him another setback
It refused to allow his order barring asylum for immigrants who enter the country illegally to take effect.
A ruling by the 9th US Circuit Court of Appeals, a frequent target of the president’s tweets, upheld a temporary restraining order against the new rules, which Trump issued by executive order on Nov. 9 in response to caravans of migrants approaching the border.
The decision, written by 9th Circuit Judge Jay Bybee, agreed with a San Francisco judge who last month said the policy likely exceed presidential authority.
“Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” wrote Bybee, who was appointed by Republican President George W. Bush
The US Department of Justice had called the policy a “well-reasoned exercise of its authority to address the crisis at our southern border.”
Judge Edward Leavy, appointed by Republican President Ronald Reagan, wrote in his dissent that the administration “adopted legal methods to cope with the current problems rampant at the southern border.”
Nothing in the law the majority cited prevented a rule categorically barring eligibility for asylum on the basis of how a person entered the country, Leavy wrote.
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