Administration

Conway: Ruling doesn’t affect Trump’s confidence in executive order

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Top White House aide Kellyanne Conway on Thursday said the administration won’t be deterred by the ruling from a federal appeals court that continues the halt on President Trump’s immigration and refugee executive order.

The United States Court of Appeals for the 9th Circuit ruled unanimously Thursday night that a nationwide restraining order against Trump’s temporary travel ban many continue while lawsuits proceed.

“This ruling does not affect the merits at all,” Conway said on Fox News’s “The First 100 Days.” “We are confident that when we get our day in court, we will prevail on the merits.”

Conway couldn’t say what route the administration will take from here, though Trump could request that the Supreme Court take up the issue. 

“There are different options here,” added Conway. “I’m commenting on the fact we have an excellent case here in regard to the merits.”

“I can’t comment on that tonight,” she said of whether the legal battle may end up at the Supreme Court. “[Trump] will be conferring with the lawyers and make that decision I am sure.”

Thursday’s ruling from a panel of three federal judges offered a forceful rebuke of the administration’s case for the travel ban.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that its failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the court said.

Trump quickly criticized the appeals court’s ruling, calling it a “political decision.”

“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” he tweeted after the ruling.

Trump’s administration can now ask the Supreme Court to immediately intervene, which legal experts say is likely, or wait until a ruling on the preliminary injunction order.

The Supreme Court is currently shorthanded with eight justices. A split decision would result in the lower court’s ruling being upheld.

Trump’s executive order imposed a 90-day ban on travelers from Iraq, Iran, Libya, Syria, Sudan and Yemen. The measure also froze general refugee admissions into the U.S. for 120 days and indefinitely halted the resettlement of Syrian refugees.

Hundreds of travelers from the seven affected countries raced into the U.S. after District Judge James Robart in Seattle first temporarily froze Trump’s order last week.

Updated: 8:13 p.m.

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