Press Secretary Sean Spicer released a statement Friday evening outlining their response:
At the earliest possible time, the Department of Justice intends to file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate. The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people.
As the law states, “Whenever the President finds that the entry or any aliens of of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Washington State Attorney General Bob Ferguson, who filed the case resulting in the restraining order on the ban, said on CNN that it would not surprise him if the case ended up going to the Supreme Court.
WA state AG Bob Ferguson: “It will not surprise me or anyone else” if this ultimately ends up in the Supreme Court https://t.co/IR9FlqTLOn
— CNN (@CNN) February 4, 2017
Harvard Law School Professor Emeritus Alan Derschowitz asked Ferguson, “As you know in Massachusetts, a judge came to a somewhat different result and we’re going to see in the days that come probably a variety of different results around the country. And what impact do you think it’s going to have that some judges have refused to grant stays and have come to conclusions that seem inconsistent with the judge in your case?”
“Obviously the government is going to appeal your case,” Derschowitz added to his question, “the Ninth Circuit, probably the plaintiffs will appeal, the Massachusetts case to the First Circuit. We’re going to have conflicting rulings. Won’t this ultimately have to go to the United States Supreme Court, initially to the Circuit Justice, and then perhaps to the whole court?”
“Yes I agree,” Ferguson responded, “and we’ve been prepared since last weekend when I first asked my team to draft and file this complaint in motion that it was my feeling that an issue of this magnitude would likely end up before the United States Supreme Court, that would not surprise me.”
“I do think that the judge’s decision here today sends a strong indication of where this case is headed,” Ferguson continued, “and I’m confident that we’ll prevail in the Ninth Circuit Court of Appeals, but to your point directly, yes it will not surprise me or anyone else, if this ultimately ends up before the United States Supreme Court.”
The travel ban was implemented with much confusion, causing demonstrations and protests to erupt all over the country at airports where targets of the ban were detained and some were turned back to their countries of origin. The Trump administration indicated that they would file a stay soon, but not Friday evening.
A recent poll indicates that despite the public furor, more Americans support the travel ban than those that oppose it, just short of a majority.