whyamihere
Banned
The issue isn't that the District Court determined the Ban was unconstitional. It's that the District Court granted a stay so that it could determine whether the ban was constitutional before it allowed it to continue to take effect due to irreparable harm suffered by those banned.
The argument which was submitted to the Ninth Circuit (the Appellate Court) by the Trump Administration was that the Judiciary literally does not have the power to determine whether the Executive's immigration policies are Constitutional (essentially because it invokes the Political Question doctrine). There's no way whatsoever this gets overturned.
That doesn't mean the original Court might not determine that the Ban doesn't violate Constitutional rights. But I doubt you'll find out either way for quite a long time.
Yes, I realize all of this? I was merely stating that once the ban eventually gets to the SCOTUS on its merits, I do not foresee 5 votes to uphold its constitutionality.