Trump doesn't have authority to issue a travel ban, appeals court rules

A federal appeals court in San Francisco ruled Friday night that the latest iteration of President Trump's travel ban violates federal law, and its issuance by the president via executive order exceeds executive branch authority as delegated by the Constitution.
The court's unanimous decision says the ban improperly overrides congressional lawmaking power, engages in "nationality discrimination," and does not demonstrate that "nationality alone renders entry of this broad class of individuals a heightened security risk or that current screening processes are inadequate." The current ban indefinitely suspends (with some exceptions) U.S. entry for visitors from Chad, Libya, Syria, Yemen, North Korea, Venezuela, Iran, and Somalia.
This ruling will not inhibit the ban's implementation, because the Supreme Court ruled earlier this month it can stay in effect during legal challenges in lower courts. However, Friday's decision does bring the ban one step closer to a final ruling from SCOTUS.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
The Nare Hotel: a charming hideaway on the Cornish coast
The Week Recommends Upgrade your classic seaside holiday at this five-star country house hotel
By Theo Tait Published
-
Today's political cartoons - March 6, 2025
Cartoons Thursday's cartoons - weird science, Hoover's heels, and more
By The Week US Published
-
Gilbert & George and the Communists: an 'illuminating' look at the 'peculiar' world of the art duo
The Week Recommends The collaborative art pair's journey to Moscow in 1990 is chronicled in this 'excellent' book
By The Week UK Published
-
New Mexico to investigate death of Gene Hackman, wife
speed read The Oscar-winning actor and his wife Betsy Arakawa were found dead in their home with no signs of foul play
By Peter Weber, The Week US Published
-
Giant schnauzer wins top prize at Westminster show
Speed Read Monty won best in show at the 149th Westminster Kennel Club dog show
By Peter Weber, The Week US Published
-
Beyoncé, Kendrick Lamar take top Grammys
Speed Read Beyoncé took home album of the year for 'Cowboy Carter' and Kendrick Lamar's diss track 'Not Like Us' won five awards
By Peter Weber, The Week US Published
-
The Louvre is giving 'Mona Lisa' her own room
Speed Read The world's most-visited art museum is getting a major renovation
By Peter Weber, The Week US Published
-
Honda and Nissan in merger talks
Speed Read The companies are currently Japan's second and third-biggest automakers, respectively
By Peter Weber, The Week US Published
-
Taylor Swift wraps up record-shattering Eras tour
Speed Read The pop star finally ended her long-running tour in Vancouver, Canada
By Peter Weber, The Week US Published
-
Drake claims illegal boosting, defamation
Speed Read The rapper accused Universal Music of boosting Kendrick Lamar's diss track and said UMG allowed him to be falsely accused of pedophilia
By Rafi Schwartz, The Week US Published
-
'Wicked' and 'Gladiator II' ignite holiday box office
Speed Read The combination of the two movies revitalized a struggling box office
By Peter Weber, The Week US Published