That’s really beside the point. It doesn’t matter what the 9th circuit or any other court says.
Our country is no longer a country of laws. Laws are only as good as they are enforced. The SCOTUS, the DOJ, the FBI, and congress have openly abdicated any constitutional responsibility to provide checks and balances to reign in the abuses we see posted to HN every day.
I believe they would all argue that they haven't. They would argue that the current administration is operating within the law towards ends supported, repeatedly, by their constituents.
I disagree with them, but that isn't relevant.