The first wins on travel ban 2.0 are coming and the tide is turning in favor of the Trump Administration. Last week two Federal judges put a hold on the new version of the executive order that would place a pause on visas and refugees from 6 predominantly Myslim countries. They declared it unconstitutional and prevented it from going into effect on March 16, as per the original plan.

Hawaii Judge Blocks New Travel Ban, Trump Ready to Fight All the Way

This is the second time the so-called travel ban is stopped with a temporary restraining order. The first time was by action of James Robart, Federal Judge in Washington state, who suspended the first version.

Fierce Battle on Travel Ban, More to It Than Meets the Eye

Now, this very judge is refusing to extend the first injunction to the second version, even though so requested by the State of Washington.

The Judge Who Froze First Travel Ban Hands Trump a Victory

Judge Who Blocked First Travel Ban Won’t Apply It to Trump Admin’s Second Ban — But May Yet Block It

Robart states that the new travel ban:

“eliminates the indefinite suspension of refugees from Syria that was in EO1 and contains no preference for religious persecution claims of religious minorities.” He also noted that the order has a narrower scope. There is no limitation on asylum seekers. The government has also added an analysis of the conditions in each of the six countries. Yet Robart might still rule against Trump on the new version of the order, as requested by multiple states with Democratic leadership.

Unexpected Political Reaction in Favor of Travel Ban 2.0

In the meantime, Congress becomes uneasy about Federal judges potentially encroaching executive and legislative powers.

Lawmakers Warn Judges Ruling on Travel Bans Against Exceeding Power

Even long-standing Republican and Democratic enemies of Trump and of his administration come to his support on the matter.

Lindsey Graham Defends Trump Travel Ban After Court Rejects It

Harvard law professor and Democratic defender of civil liberties, Alan Dershowitz states that travel ban 2.0 should be upheld.

Dershowitz: Revised Travel Order Should Have Been Upheld

Muslim foreigners line up to give their consent.

Saudi Prince Has Surprising View on Trump Travel Ban

Libyan Muslim Visiting U.S. Agrees with Trump Travel Order and Efforts to Defeat Radical Islam

Even several of the tech companies which heavily fought the first travel ban are now changing sides.

40% Drop in Tech Companies Opposing Trump’s Revised Travel Order

Fierce Fight Among Federal Judges

But more importantly, strong dissent brews inside the 9th Circuit Court of Appeal. This is the court which validated the original suspension issued by Judge Robart. And this would be the same Court of Appeal to judge upon the stay issued last week by the Federal judge in Hawaii.

Judges on 9th Circuit Just Torched Court’s Decision on Trump Travel Ban to Correct ‘Many and Obvious’ Errors

9th Circuit Judges in Nasty Feud Over Trump Travel Ban

Republican-Appointed Judges on 9th Circuit Voice Support for Trump Travel Ban

Five Ninth Circuit Judges Issue Rare Dissent Rebuking The Panel In Immigration Ruling

Five judges (including the highly respected Chief Judge Alex Kozinski) filed a dissent to the original motion for rehearing. The blistering dissent shows that a significant number of 9th Circuit judges strongly disagrees with the decision of the original adjudicating panel.

They object that there is an “obligation to correct” the “manifest” errors of the panel. It calls those “fundamental” errors. The obvious flaws would be the lack of consideration to opposing case law, failure to address the statutory authority given to the President, and the sweeping dismissal of executive authority. The dissenting judges refer to the “clear misstatement of law” in the upholding of the district court. so bad it compelled “vacating” an opinion usually mooted by a dismissed case.

The 9th Circuit would have reviewed the first travel ban with a full panel of judges (en banc). Yet the government withdrew from that case when the President signed the second version of the order about two weeks ago. The five judges claim they would have supported the first travel ban if the original appeal had continued.

The fight is far from over and it is on the verge of creating a Constitutional crisis.