Much to the chagrin of President Donald Trump, a three-judge appellate panel on Thursday unanimously rejected a White House request to reinstate a ban on travelers from Iran, Syria and five other predominantly Muslim nations, setting the stage for what is likely to be a battle before the U.S. Supreme Court. If the eight-member high court splits, which is a distinct possibility given the vacancy left by the death of Antonin Scalia a year ago, this lower-court ruling would stand.

The 9th U.S. Circuit Court of Appeals in San Francisco found that “the public has a powerful interest in national security and in the ability of an elected president to enact policies.” But it ruled that the Trump administration failed to present any evidence justifying the urgent need for such a ban.

Following the decision, the president also failed to make his case when he tweeted “SEE YOU IN COURT” and added, “THE SECURITY OF OUR NATION IS AT STAKE!” If there’s specific evidence of a security threat, the president should make it clear — to the public and to the courts. Otherwise, he may want to pipe down. The judges rejected the argument that the court should not consider statements by Trump and/or his advisers about whether his executive order was, in fact, a Muslim ban. In other words, his reckless talk may be coming back to bite him. Thumbs up to that.

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