After the Ninth Circuit used one of the president's tweets against him in a ruling striking down the so-called "travel ban," Donald Trump issued a tweet Monday that tripled down on the "travel ban" name while urging the Supreme Court to take on the case.
Even non-lawyers could see that it was not wise calling his executive order barring travel from seven-Muslim majority nations a "travel ban."
Sure enough, the United States Court of Appeals for the 9th Circuit cited Trump's June 5 tweet as part of its decision against the constitutionality of the executive order. But the judges focused on the language in the second half of the tweet.
"Indeed, the president recently confirmed his assessment that it is the 'countries' that are inherently dangerous, rather than the 180 million individual nationals of those countries who are barred from entry under the president's 'travel ban,'" the opinion said.
The court determined that the entire basis of Trump's travel ban was the nationality of the travelers seeking entry, which is not a proper method of evaluating an individual's ties to terrorism. The judges noted that a Syrian-born man who moved to Switzerland at a young age would be subject to the ban, while a Switzerland-born man who moved to Syria in recent years would not be covered by the executive order.
The court also referenced White House press secretary Sean Spicer's confirmation that Trump's tweets are "considered official statements by the president of the United States" to help reinforce the language used in Trump's tweet.
Realizing the circuit courts are not going to uphold the travel ban, the president has rested his hope on the Supreme Court. On Tuesday Trump finished his tweet about the Ninth Circuit's decision by writing "S.C."