Donald Trump's Travel Ban Is Denied by 9th Circuit Court of Appeals

16 June, 2017, 04:01 | Author: Priscilla Morrison
  • The Latest: White House says travel ban is 'fully lawful'

Hopefully, all of that will soon change.

The lawsuits by Hawaii and the Maryland challengers argued that the executive order violated federal immigration law and a section of the Constitution's First Amendment, which prohibits the government from favoring or disfavoring any particular religion.

In a footnote, the judges cite a Trump tweet in support of their contention.

CCP waded into one recent case, Susan B. Anthony List v. Driehaus decided by the Supreme Court in 2014, which ruled in favor of challengers to an OH law prohibiting false statements during a political campaign. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state - a decision that was unanimously upheld by a different three-judge 9th Circuit panel.

The White House released a memorandum on Wednesday indicating the effective date of the revised travel ban, originally March 16, is now "delayed or tolled until those injunctions are lifted or stayed". The 4th Circuit found the policy unconstitutional on that basis. The Fourth Circuit court based the decision on Trump's public record of statements indicating his order was motivated by anti-Muslim sentiment rather than national security concerns.

Of course, the Trump administration, which has appealed the case up to the U.S. Supreme Court, does not want that to happen.

RELATEDTrump wants'expedited hearing on'watered down travel ban
RELATEDTrump wants'expedited hearing on'watered down travel ban

ABC News reported President Donald Trump's administration submitted briefs to the Supreme Court indicating the memo's "clarification forecloses respondents' mootness argument".

Hawaii, which challenged the ban and won in the appeals court, is permitted to file its own brief on June 20, meaning the court is unlikely to act on the emergency application until next week at the earliest.

What happens next? Under normal circumstances, their session would close at the end of June and there would not be hearings until the fall of 2017. Watson's ruling halted imposition of the order and also stopped this review of the vetting process.

Differences traditionally are put aside for a new justice's investiture, a short but formal and history-laden event that culminates in iconic photos of the chief justice and the new justice descending the Supreme Court's famous marble steps. "I think we can all attest that these are very unsafe times and we need every available tool at our disposal to prevent terrorists from entering the United States".

"Today's ruling once again demonstrates the near-unanimity of judges in ruling against any type of 'Muslim ban, '" said CAIR National Litigation Director Lena Masri. Only time will tell.

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