This afternoon the 9th circuit court ruled 3-o against lifting the temporary restraining order (TRO) on Donald Trump’s travel ban. Many of us fist pumped at the ruling and perhaps let out a cheer, but now is time to dig a bit deeper and look at what the future holds. The challenge is still working its way through the court system and there is no reason to suspect that the administration will back down.
In all likelihood, even if the travel ban is struck down at the supreme court, the Trump administration will not give up, and they will have learned along the way how to re-draft the order to make it legal. Unfortunately, Trump does have delegated congressional authority to greatly control who enters the country.
The restraining order and the recent stay center around the roll out of the executive order and its implementation, rather than the substance of the order. On of the main challenges to the executive order rests on the contention that irreparable harm was done to citizens of Washington, based upon the executive order’s denial of their due process rights. Trump’s administration could easily re-draft the order or write a new one that complies with due process requirements.
For now, progressives and other opponents of the travel ban need to focus on public opinion. Trump is in an increasingly precarious position with his approval rating, and eventually will have to pay attention to public opinion if he desires to win again in 2020.