From today’s 9th Circuit Appeals Court decision: “We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress.”
The president’s authority is defined in the Constitution. It is not delegated by Congress.
“In suspending the entry of more than 180 million nationals from six countries, suspending the entry of all refugees, and reducing the cap on the admission of refugees from 110,000 to 50,000 for the 2017 fiscal year, the President did not meet the essential precondition to exercising his delegated authority …”
The president exercises authority he has under the Constitution. And does the Court really want the entry of 180 million nationals from Iran, Libya, Sudan, Somalia, Syria, and Yemen?
Executive Order 13780 is a softened version of Executive Order 13769, which had been illegally stricken down by the same Court.
2017-06-26 Update: the Supreme Court unanimously confirms the Travel Ban.