Appeals court says Trump can't 'legislate from the Oval Office,' blocking his asylum ban
The 9th Circuit Court of Appeals ruled late Friday that the Trump administration cannot enforce President Trump's November executive order restricting asylum applications to migrants who enter the U.S. legally.
The 2-1 decision held the order violates current U.S. law and illegitimately seeks to circumvent Congress. "Just as we may not, as we are often reminded, 'legislate from the bench,' neither may the executive legislate from the Oval Office," wrote Judge Jay Bybee for the majority. Bybee was appointed by former President George W. Bush.
A previous district court ruling likewise held Trump lacks authority to "rewrite the immigration laws to impose a condition that Congress has expressly forbidden."
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.
The Justice Department declined to comment on Friday's decision, referencing instead a previous statement about "continuing to defend the executive branch's legitimate and well-reasoned exercise of its authority to address the crisis at our southern border."
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.
-
Will 2025 bring an Iran crisis for Trump?
Today's Big Question Tehran's nuclear program remains a concern
By Joel Mathis, The Week US Published
-
Movies to watch in January, including 'Wolf Man' and 'The Last Showgirl'
The Week Recommends A creature feature, a bizarre biopic and a haunted house movie from the ghost's POV
By Anya Jaremko-Greenwold, The Week US Published
-
Syria's Kurdish community at the center of a post-Assad game of geopolitical tug-of-war
THE EXPLAINER The fall of longtime strongman Bashar al-Assad has created a power vacuum that threatens some of the United States' staunchest allies in the region
By Rafi Schwartz, The Week US Published
-
Jimmy Carter honored in state funeral, laid to rest
Speed Read The state funeral was attended by all living presidents
By Rafi Schwartz, The Week US Published
-
Trump sentenced after Supreme Court rejection
Speed Read Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices in the majority
By Peter Weber, The Week US Published
-
DOJ to release half of Trump special counsel report
Speed Read The portion regarding Trump's retention of classified documents will not be publicly released
By Rafi Schwartz, The Week US Published
-
Jimmy Carter lies in state as 3-day DC farewell begins
Speed Read The 39th president died on Dec. 29 at the age of 100
By Rafi Schwartz, The Week US Published
-
Giuliani held in contempt of court over forfeit assets
Speed Read He has failed to turn over $11 million in assets to two Georgia election workers he defamed after the 2020 election
By Peter Weber, The Week US Published
-
Biden resettles 11 more Guantánamo detainees
Speed Read In an effort to reduce the number of prisoners held in Guantánamo Bay, Biden transferred 11 Yemeni detainees to Oman
By Peter Weber, The Week US Published
-
Canada's Trudeau announces resignation
Speed Read Canadian Prime Minister Justin Trudeau is stepping down after nearly a decade in office
By Rafi Schwartz, The Week US Published
-
Biden signs boost to Social Security for public workers
Speed Read The president signed the Social Security Fairness Act into law, expanding retirement benefits for millions
By Peter Weber, The Week US Published