Earlier this week, the media breathlessly reported that a federal court in California (where else?) ruled that the policy put in place by President Trump that requires those seeking asylum at the southern border to wait in Mexico for a decision is beyond the powers of the president and accordingly invalid. It was another liberal district court judge handing the President another initial defeat. The usual suspects all celebrated.
Yesterday, the 9th Circuit issued a stay of that order from the trial court. The stay means that the policy can stay in effect for now. This decision was covered by many fewer media outlets, but it has been reported. After all, it is not very often that President Trump wins one in the Ninth Circuit of all place. But even here, the coverage is wrong. Sure, three judges of the 9th Circuit issued a stay, but it is only in force until the panel can hear the arguments of both sides. It is not a ruling approving of the policy. Rather it is a decision which recognizes that this is an item of importance and there are arguments against the district court's ruling that merit consideration. As a result, the court did not want to let a nationwide injunction stand until it considered those arguments.
The truth is that we can't tell how the appeal will turn out from the issuance of the stay. People need to take a step back and give the court system time to work. For now, the policy stays in place.
Yesterday, the 9th Circuit issued a stay of that order from the trial court. The stay means that the policy can stay in effect for now. This decision was covered by many fewer media outlets, but it has been reported. After all, it is not very often that President Trump wins one in the Ninth Circuit of all place. But even here, the coverage is wrong. Sure, three judges of the 9th Circuit issued a stay, but it is only in force until the panel can hear the arguments of both sides. It is not a ruling approving of the policy. Rather it is a decision which recognizes that this is an item of importance and there are arguments against the district court's ruling that merit consideration. As a result, the court did not want to let a nationwide injunction stand until it considered those arguments.
The truth is that we can't tell how the appeal will turn out from the issuance of the stay. People need to take a step back and give the court system time to work. For now, the policy stays in place.
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