1/ #9thCircuit unanimously (3-0) upholds lower court's stay of travel ban. Per Curiam = unsigned opinion
2/ #States have #standing to sue based on interest of state universities in their #students', #faculties' and #researchers' travel.
3/ Rejects #Trump administration's argument that #President has "unreviewable authority to suspend the admission of any class of #aliens."
4/ Rejects the idea that President's decisions about #immigration policy, when motivated by #natsec concerns, are unreviewable.
5/ Government's argument that #judicial review of the #ExecutiveOrder violates separation of powers is rejected as without #precedent.
6/ Political branches on matters of immigration and national security are owed deference by courts, but not unreviewable authority.
7/ Likely that challengers of the #ban will succeed on #dueprocess arguments: @doj has not shown that the #EO meets due process req'ts
8/ #WhiteHouse guidance carving legal permanent residents #lpr out of ban is insufficient to provide #dueprocess.
9/ Other travelers have due process rights as well, so Gov't arguments are insufficient to limit the #ban. The stay stands in its totality.
10/ The #nationwide scope of the #TRO is upheld.
11/ #Religious #discrimination claims also held likely to succeed under #Constitution protection against laws intended to disfavor #Muslims
12/ Impermissible to #discriminate based on religion under the #Constitution's #EqualProtectionClause and the #1stAmendment.
14/ Balance of hardships tips toward the challengers. No evidence that anyone from 7 countries perpetrated a #terrorist attack.
15/ Waiver provisions insufficient to save #EO - discretionary decisions lack practical guidance, explanation.
16/ Public interest in safety vs free flow of travel, separation of families, freedom from discrimination- the challengers have it.
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