The full U.S. Court of Appeals for the Ninth Circuit on Wednesday voted against rehearing the three-judge panel decision that had affirmed a lower court’s blocking President Donald Trump’s first executive order on immigration from terror-prone nations.
Five conservative judges on the San Francisco-based court dissented from that denial of an en banc rehearing, writing an opinion explaining why their court should reconsider the case.
The dissent by written by Judge Jay Bybee, who began his 26-page dissent by stating, “Whatever we, as individuals, may feel about the President or the Executive Order, the President’s decision was well within the powers of the presidency, and the wisdom of the policy choices made by the President is not a matter for our consideration.”
Bybee quoted a 1950 Supreme Court case which declared, “The exclusion of aliens is a fundamental act of sovereignty.”
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