By Dan Levine and Mica Rosenberg
(Reuters) – President Donald Trump suffered a legal blow on Thursday when a federal appeals court refused to reinstate his executive order temporarily banning people from seven Muslim-majority countries from entering the United States.
A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously ruled that the Trump administration failed to offer any evidence that national security concerns justified immediately restoring the ban, which he launched two weeks ago.
Shortly after the court issued its 29-page ruling, Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” He told reporters his administration ultimately would win the case and dismissed the ruling as “political.”
The 9th Circuit ruling, upholding last Friday’s decision by U.S. District Judge James Robart to suspend the order, does not resolve the lawsuit. It relates only to whether to lift an emergency halt to Trump’s order put in place by a lower court.
Trump, a Republican who took office on Jan. 20, faces long odds in getting the ban restored while litigation over his executive order proceeds. To ultimately win, the Justice Department will have to present evidence that people from those countries represent a domestic threat, legal experts said.
In its ruling on Thursday, the 9th Circuit said the government had so far failed to show that any person from the seven countries had perpetrated a terrorist attack in the United States.