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US court refuses to reinstate Trump's travel ban

Appeal to Supreme Court is possible

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(Scott Olson/Getty Images)

SAN FRANCISCO – A federal appeals court in San Francisco has refused to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations.

The 9th U.S. Circuit Court of Appeals on Thursday wouldn't block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S.

The court said the U.S. government hadn't pointed to any evidence that anyone from the countries named in the executive order had committed a "terrorist attack" in the U.S.

The panel of the 9th U.S. Circuit Court of Appeals said, "Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all. We disagree, as explained above."

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The Justice Department appealed to the 9th Circuit.

Government lawyers argued that the ban was a "lawful exercise" of the president's authority and that the seven countries have raised terrorism concerns.

The states said Trump's executive order unconstitutionally blocked entry based on religion.

The administration has the right to appeal to the U.S. Supreme Court, and apparently will. The president has tweeted in all capital letters - SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!

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