President Donald Trump has promised more legal action after a federal appeals court refused to reinstate his ban on travelers from seven predominantly Muslim nations. Trump tweeted "SEE YOU IN COURT" after the decision came out Thursday, but what he has in mind remains to be seen.
Trump said Friday that he has "no doubt" he will win the case in court and told reporters he's considering signing a "brand-new order" on immigration.
"There are almost surely four votes to deny an emergency request to reinstate the order," said Peter Spiro, a law professor at Temple University.
The last immigration case to reach the justices ended in a 4-4 deadlock last year. That suggests a similar split over Trump's order, which would let the 9th Circuit ruling stand and keep the freeze in place.
If the Supreme Court declines to intervene right away, the case would remain in the 9th Circuit and ultimately be considered on its legal merits. It also could return to US District Judge James Robart in Seattle, who temporarily blocked the ban after Washington state and Minnesota urged a nationwide hold on the January 27 order.
The lower court action so far is temporary and hasn't resolved broader questions about the legality of Trump's order. It simply halts deportations or other actions until judges can more fully consider whether the order violates legal or constitutional rights.
But just how the issue might reach the Supreme Court isn't clear. Several other challenges have been launched in courts around the country, and the court could opt to wait before stepping in.
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