Legal battle over travel ban pits Trump's powers against his own words

A U.S. appeals court is weighing arguments for and against President Donald Trump's temporary travel ban, but its decision this week may not yet answer the underlying legal questions being raised in the fast-moving case.

The 9th U.S. Circuit Court of Appeals in San Francisco is expected to rule only on the narrow question of whether a lower court's emergency halt to an executive order by Trump was justified. Trump signed the order on Jan. 27 barring citizens from seven Muslim-majority countries for 90 days and halted all refugee entries for four months.

The James R. Browning U.S. Court of Appeals Building, home of the 9th U.S. Circuit Court of Appeals, is pictured in San Francisco, California February 7, 2017. REUTERS/Noah Berger
The James R. Browning U.S. Court of Appeals Building, home of the 9th U.S. Circuit Court of Appeals, is pictured in San Francisco, California February 7, 2017. REUTERS/Noah Berger

The appeals court has several options. It could kick the case back to lower court judge James Robart in Seattle, saying it is premature for them to make a ruling before he has had a chance to consider all the evidence. Robart stopped Trump's order just a week after he issued it and before all the arguments had been developed on both sides.

Or the panel of three appellate judges could side with the government and find halting the order was harmful to national security, reinstating it while the case continues.

Their decision is "one step in what will be a long, historic case," Stephen Yale-Loehr, a professor at Cornell University Law School who specializes in immigration. Ultimately, the case is likely to end up in the U.S. Supreme Court, legal experts said.

The case is the first serious test of executive authority since Trump became president on Jan. 20, and legal experts said there were three main issues at play for the judiciary.

The broad questions in the case are whether the states have the right to challenge federal immigration laws, how much power the court has to question the president's national security decisions, and if the order discriminates against Muslims.

Washington state filed the original lawsuit, claiming it was hurt by the ban when students and faculty from state-run universities and corporate employees were stranded overseas.

Trump administration lawyer August Flentje argued at an appeals court hearing on Tuesday that the states lack "standing" to sue the federal government over immigration law, but his arguments were questioned by the judges.

Reuters

Other News

Vietnam, US strengthen cooperation to ease suffering of AO/dioxin victims

Vietnam, US strengthen cooperation to ease suffering of AO/dioxin victims

A delegation from the Vietnam Association for Victims of Agent Orange/dioxin's chapter in Ho Chi Minh City (VAVA HCMC) visited the US directly inform American friends about the long-term consequences of AO/dioxin in Vietnam and seek the support of progressive groups, veterans, legal experts and youth organisations in efforts to care for the victims.

Indonesia earthquake death toll rises, 2,000 evacuated

Indonesia earthquake death toll rises, 2,000 evacuated

The earthquake struck off Flores Island near Mbay town in Nagekeo district, East Nusa Tenggara province, triggering strong aftershocks. Several houses and other structures were damaged, while landslides disrupted roads in some areas.

Indian Embassy thanks Vietnam for support after Phu Quoc boat tragedy

Indian Embassy thanks Vietnam for support after Phu Quoc boat tragedy

The embassy said on its official X account that the flight carrying the victims' mortal remains departed Ho Chi Minh City on July 13 and arrived in Mumbai later the same day. Authorities in the Indian states of Andhra Pradesh, Kerala and Tamil Nadu coordinated the transportation of the remains to their final destinations.

Vietnamese community in Venezuela backs rescue team on humanitarian mission

Vietnamese community in Venezuela backs rescue team on humanitarian mission

All members of the Vietnamese rescue team in Venezuela have maintained strict discipline, a strong sense of responsibility and unwavering focus when carrying out search, rescue and disaster recovery tasks, with the determination to successfully fulfil the international humanitarian mission entrusted by the Party, State and military.

Key issues ex high agenda at the ASEAN Future Forum 2026

Key issues ex high agenda at the ASEAN Future Forum 2026

PSNews - Nearly six decades after its founding, ASEAN is entering a new phase of transformation. Geopolitical turbulence, intensifying competition among major powers, non-traditional security challenges, and rapid technological change are raising fundamental questions about the region’s future trajectory. In this context, the ASEAN Future Forum (AFF) 2026 is more than a platform for regional countries to discuss current issues; it is designed to identify strategic pathways for ASEAN in the years ahead.

Malaysia bans social media accounts for children under 16

Malaysia bans social media accounts for children under 16

Under the new rules, social media platforms are required to implement age-verification systems and prevent users under 16 from creating accounts. The regulations apply to platforms with at least eight million users in Malaysia, including Facebook, Instagram, TikTok and YouTube.

Cambodia ranked world's top country for natural environment in 2026

Cambodia ranked world's top country for natural environment in 2026

Cambodia currently manages 73 protected natural areas covering more than seven million hectares, equivalent to about 41% of the country’s total land area. These protected areas play a vital role in forest conservation, wildlife habitat protection and biodiversity preservation through stricter law enforcement and conservation measures.

ASEAN chief spotlights Vietnam’s role in shaping bloc’s future

ASEAN chief spotlights Vietnam’s role in shaping bloc’s future

Vietnam is expected to maintain active contributions across ASEAN’s three pillars - the political-security community, the economic community, and the socio-cultural community; while further enhancing regional connectivity through infrastructure projects and stronger economic linkages.

Vietnam supports UNESCO's people-centred approach, multilateral cooperation: official

Vietnam supports UNESCO's people-centred approach, multilateral cooperation: official

Van affirmed Vietnam’s support for the UNESCO80 reform roadmap, focusing on the organisation’s core mandate, priority areas, interdisciplinary approach, and the special status of the Vietnam National Commission for UNESCO, and UNESCO representative offices, alongside efforts to diversify resources and strengthen global partnerships to enhance the organisation’s effectiveness.