The 9 th took it upon itself to continue the stay based on the judge's determination that the order was unwise and unnecessary. Reading the 29 pages I did not see where they decided the order was unlawful or unconstitutional which  courts generally do when invalidating an Executive or legislative action. Bad policies such as Trump's Order can be legal and Constitutional. Courts have been moving in this direction for decades now though this ruling is a quantum leap in that direction given the latitude given presidents have had in the on barring foreign nationals by statute. Will be interested if the Supremes will be interested in Federal judges invalidating executive actions based not on their legality but on their wisdom.