Donnelly’s order below is based on the finding that irreparable harm would befall the two men for any ruling on the merits could be issued. Donnelly, an Obama appointee, will now have chance to hear the merits in a likely expedited schedule.
Trump barred Syrian refugees indefinitely. It also stops the resettlement of all refugees for four months as the administration reviews the vetting process. He also denied entry for 90 days for anyone coming from seven countries: Iraq, Iran, Somalia, Sudan, Syria, Libya and Yemen.
As I discussed earlier, Trump has the advantage on the existing precedent though his statements about favoring Christians will complicate the defense of the order. Before his interview, Trump was maintaining that the law was not religious based. Indeed, a federal court should not presume that this is a “Muslim rule” given the fact that many Muslim countries are not subject to the order barring entry. Whatever the suspicions of the Court regarding the motivations behind the law, it is not a blanket bar on Muslims. Trump’s comments however then inserted an express religious preference into the debate. That will not be helpful but there remains considerable authority reaffirming executive power over the borders of the nation.
Here is the opinion: ACLU order