Did you notice, in those quotes above, what was not mentioned?
The 9th Circuit never discussed the primary legislation involved
How is this even possible?
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
This is probably the biggest single issue this matter is about -- how broad the President’s authority is to suspend visas (or to limit admissions) under this statute that gives him sweeping power? And to what extent is that authority is limited by the Constitution?
The decision is 29 pages. Yet the 9th Cir did not mention this statute once.
I will go on record now saying that when this matter does finally get resolved (I have no idea when this will be) this statute will play a key role. Keep in mind that this was only an appeal of a TRO. TRO requests go fast, there is usually no time for an evidentiary hearing and so the judge can only rule on what is in front of him/her. The appellate court is dealing with the same record. This all will change upon a full hearing of the case. At that point, they will no longer be able to avoid the bigger issues.