Texas Becomes First State To Support Donald Trump's Travel Ban In Court
- Author: Joanne Flowers Feb 16, 2017,
Feb 16, 2017, 5:00
Texas Attorney General Ken Paxton has filed a brief supporting President Trump's Constitutional immigration order.
Attorney General Ken Paxton and Solicitor General Scott Keller filed an amicus (or "friend-of-the-court") brief urging the 9th Circuit to review last week's ruling en banc, a procedure in which a panel of 11 judges would revisit the decision.
So far, Texas is the only state involved that has sided with the administration.
The 9th Circuit will eventually decide on whether or not a larger panel of judges should reconsider the case.
- The state of Texas on Wednesday defended President Donald Trump's ban on travelers from seven predominantly Muslim nations as an assertion of presidential authority meant to protect the country from terrorists, splitting with states that have denounced the order as a religious attack.
This move makes Paxton the first state attorney general to back Trump's executive order.
Eighteen states and Washington, D.C., have filed briefs with the 9th Circuit opposing the travel ban, and 15 states led by NY filed a brief arguing the ban is unconstitutional.
The judges also rejected the federal government's argument that courts do not have the authority to review the president's immigration and national security decisions.
Trump's directive, which he said was necessary to protect the United States from attacks by Islamist militants, barred people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the country for 90 days.
The brief argues that the president's order is a lawful exercise of the power delegated to him by Congress.