9th Cir. Travel Ban opinion

Here's the latest 9th Circuit Travel Ban opinion. (Actually, the opinion was revised, so the real opinion is here.)

Some key quotes:

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six Muslim-majority countries from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive.

The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”) vested the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. 

In assessing the public interest, we are reminded of Justice Murphy’s wise words: “All residents of this nation are kin in some way by blood or culture to a foreign land.” Korematsu v. United States, 323 U.S. 214, 242 (Murphy, J., dissenting). It cannot be in the public interest that a portion of this country be made to live in fear.  

The Recorder has: Ninth Circuit Slaps Down Trump's Travel Ban a Third Time:The court, which heard oral arguments in the case last month, ruled that Trump exceeded his authority in issuing the Sept. 24 travel ban proclamation.