The 9th Circuit Court of appeals in San Francisco refused to lift an order by activist James Robart in Washington State which supposedly prevents the enforcement of a 90-day restriction on certain entries into the United States. The decision, which does not constitute a ruling on Trump's executive action and its constitutionality, includes the supposing that:

In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action

In a flurry of activity, the mainstream fake news media is thus far misrepresenting this decision as coming against Trump's executive action itself at a rate of approximately 75% in a quick survey of headlines.