As I understand it, any lawyers here may know more, but judges have criteria to apply to cases in which an injunction is sought.
And among the criteria, would be a likelihood of eventually prevailing in a lawsuit to overturn the exec. order.
Since this order is more narrowly focused, and there is a long history of exec orders of this nature, and the law clearly allows for a president to issue such travel bans, clearly the judge must have realized that the chance of them winning at trial and overturning this are slim.
Any lawyers out there, feel free to clarify or tell me if I’m wrong on this.
It appears that this judge is actually applying the law, rather than just having a knee jerk response to an exec order, as appeared to be the case with the original exec order.
“And among the criteria, would be a likelihood of eventually prevailing in a lawsuit to overturn the exec. order.”
You don’t need a lawyer to understand this. A judge has NO constitutional authority to nullify a law, executive order or a request for cheese on a ham sandwich. It’s really that simple.
Only the legislature may overturn a law or executive order.
I’m not a lawyer, but from what I understand is the fed courts have very limited authority with the new travel ban, since Trump just ordered the embassies to stop issuing visas, and the courts have no say in embassy orders.