After the February ruling, some judges had called for a rehearing of the case by 11 judges rather than the original three. On Wednesday the call was denied. But five judges – Bybee, Kozinski, Callahan, Bea, and Ikuta – dissented, saying the decision to halt the executive order was wrong.
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The Executive Order of January 27, 2017, suspending the entry of certain aliens, was authorized by statute, and presidents have frequently exercised that authority through executive orders and presidential proclamations. Whatever we, as individuals, may feel about the President or the Executive Order,1 the President’s decision was well within the powers of the presidency, and “[t]he wisdom of the policy choices made by [the President] is not a matter for our consideration
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