The decision means the regular flow of travel will continue, an outcome Trump argues will endanger national security. Here’s what he wrote on Twitter after the ruling came down:

Let’s walk through what could happen now.

Lawyers for the Trump administration could appeal the decision to the Supreme Court and ask it to reactivate the ban. The high court tends to defer to presidents on matters of immigration and national security, which could give Trump the advantage going in.

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Here’s the problem. Since the death last year of Justice Antonin Scalia, the nine-member Supreme Court has been one member short. Many see the remaining eight justices as ideologically divided, 4 to 4.

If the Supreme Court deadlocks in a 4-4 tie, Thursday’s decision by the U.S. Court of Appeals for the 9th Circuit will stand and the travel ban will remain on hold.

In their unanimous, 29-page opinion, three judges from the 9th Circuit rejected the government’s national security argument and “forcefully asserted their ability to serve as a check on the president’s power,” as our colleague wrote.

“The Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable,” the opinion stated.

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“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.”

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TRUMP INSISTS GORSUCH WASN’T CRITICIZING HIM

Speaking of our constitutional democracy, how does Supreme Court nominee Neil Gorsuch feel about Trump’s attacks on the U.S. judicial system?

As we learned Thursday, that depends on whom you ask.

Senators who met with Gorsuch on Wednesday say he specifically criticized Trump’s stream of invective against the judiciary. Sen. Richard Blumenthal (D-Conn.) said Gorsuch called Trump’s comments “disheartening” and “demoralizing.” A spokesman for Gorsuch confirmed this account, and the comments were headline news by Wednesday afternoon.

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It’s a big deal — although perhaps no surprise — that Gorsuch criticized Trump’s attitude toward the judiciary. Ask Trump about it, though, and he’ll insist Gorsuch wasn’t talking about him.

According to Trump, Blumenthal misrepresented Gorsuch’s comments. The Supreme Court nominee wasn’t talking about “any specific matter,” Trump spokesman Sean Spicer said Thursday. “To take what he said and apply it to a specific is not what he intended him to do.”

It was former senator Kelly Ayotte (R-N.H.), leading Gorsuch through the confirmation process on Trump’s behalf, who had to thread the needle.

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Gorsuch has “emphasized the importance of an independent judiciary,” Ayotte said in a statement.

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“While he made clear that he was not referring to any specific case, he said that he finds any criticism of a judge’s integrity and independence disheartening and demoralizing.”

We’ll let you decide.

TRUMP BACKS DOWN ON CHINA



There’s one area where Trump wasn’t willing to keep fighting this week — the issue of independence for Taiwan.

Trump committed to honoring the one-China policy during a lengthy phone call with Chinese President Xi Jinping on Thursday, a significant about-face from his tough talk in December.

“I don’t know why we have to be bound by a ‘one-China’ policy unless we make a deal with China having to do with other things, including trade,” Trump said that month after holding a precedent-breaking call with Taiwan’s leader. The call upset China, and Xi and Trump did not speak until Thursday night.

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So did Trump win any concessions from Xi during their conversation? That remains unclear, as our colleagues wrote.

FLYNN TALKED SANCTIONS WITH RUSSIA, OFFICIALS SAY

Members of Trump’s administration have repeatedly denied that National Security Adviser Michael Flynn spoke with Russia’s ambassador about U.S. sanctions prior to the inauguration.

According to current and former officials, however, they’re wrong.

Flynn was, in fact, in contact with Russian Ambassador Sergey Kislyak regarding sanctions in the month before Trump took office, according to multiple officials who had access to U.S. intelligence and law enforcement reports.

The communication raised concerns with some senior U.S. officials who interpreted it as an “inappropriate and potentially illegal signal to the Kremlin that it could expect a reprieve from sanctions that were being imposed by the Obama administration in late December to punish Russia for its alleged interference in the 2016 election,” as our colleagues wrote.

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CONWAY ‘COUNSELED’ AFTER PROMOTING IVANKA TRUMP’S BRAND ON TELEVISION

It’s not every day that you hear a retail advertisement from the White House. But that’s exactly what happened Thursday when Trump adviser Kellyanne Conway told a TV audience to “go buy Ivanka’s stuff.”

“I’m going to give it a free commercial here,” Conway said of Ivanka Trump’s eponymous fashion line during an appearance on “Fox & Friends.” “Go buy it today.”

The remark raised alarms given its apparent violation of federal ethics rules designed to prevent government officials from misusing their positions for anyone’s private gain.

“This is jaw-dropping to me,” said Don W. Fox, former acting director of the Office of Government Ethics. “This rule has been promulgated by the federal Office of Government Ethics as part of the Standards of Conduct for all executive branch employees and it applies to all members of the armed forces, as well.”

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A typical employee of the executive branch could face a multiday suspension and loss of pay for a comment such as this, attorneys said.

So what happened to Conway? She was “counseled,” Spicer said, declining to provide further details.

ABE PREPARES FOR FLORIDA WEEKEND WITH TRUMP

What’s on deck for the president’s weekend? According to the White House, he’ll be on the golf course in Palm Beach, Fla., with Japanese Prime Minister Shinzo Abe.

This will be the second time Abe and Trump have spent time together since the election. In November, Abe invited himself to Trump Tower to congratulate the president-elect (and give him a $3,755 gold-colored golf club).

This time, he and Trump will meet at the White House and then travel to Trump’s private club in Florida, Mar-a-Lago, on Air Force One for the weekend, accompanied by their wives.

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Abe might have a warmer relationship with Trump at this point than other world leaders — Mexican President Enrique Peña Nieto comes to mind — but the relationship is still high-stakes. His priorities this weekend will include softening Trump’s opposition to renewing the Trans-Pacific Partnership, paving the way for Japanese investment in U.S. infrastructure and ensuring that Trump remains committed to the U.S.-Japan security alliance.

He might also want to prepare for Trump’s complaint that the Japanese don’t buy enough American cars.