U.S President Donald Trump forfeited in an attempt to activate his controversial ban on travellers from seven mainly Muslim countries in an appeal court
The San Francisco-based 9th US Circuit Court of Appeals said the court ruling would not hinder a lower-court ruling that stopped the executive order.
“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”, President Trump replied on twitter.
The unanimous ruling means previously barred travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen can continue to enter the US with visas.
It also means refugees are no longer the subject of a temporary ban.
Mass protests were held at airports across the US and in cities all over the world in the wake of the president’s so-called Muslim ban, with thousands marching through the streets of central London.
The appeal court’s panel of three judges said the argument that the ban targets Muslims raised “serious allegations” and presented “significant constitutional questions”.
The judges agreed the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the US.
They also said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel.
However, the battle is likely to end up at the nation’s highest court, the US Supreme Court.
Two of Mr Trump’s top White House aides insisted last night the ruling was not a major setback and said they were confident the decision would eventually be overturned.
The president’s press secretary Sean Spicer and his outspoken adviser Kellyanne Conway played down the significance of the ruling.
Mr Spicer labelled it a “political decision” and claimed the administration would win an appeal “in my opinion, very easily.”
“This ruling does not affect the merits at all,” added Ms Conway, the president’s former campaign manager.
“It is an interim ruling, and we are fully confident now that we will get our day in court, and have the opportunity to argue on the merits, that we will prevail.”
However, Mr Trump’s beaten opponent in the election race, Hillary Clinton, was quick to celebrate the court ruling.
She issued a tweet reading simply ‘3-0’ – a reference to the unanimous vote by the three-judge appeals court panel.
Several experts claimed the administration would struggle to win the case if they take it to the US Supreme Court.
Donald trump has been confirmed unhappy, by a professor of Law, Jessica Levinson, consequent upon the latest verdict and vowed to move the case to a Supreme Court.