Trump Administration Wants Travel Ban in Effect While Case is Considered
- Author: Zachary Reyes Mar 28, 2017,
Mar 28, 2017, 10:57
"Comments the president made during his campaign for office can not overcome the executive order's detailed explanation of its national-security basis", the states said.
The full USA 4th Circuit Court of Appeals will consider hearing arguments on the Trump administration's revised executive order on travel and refugees, potentially fast tracking the appeals process.
The appeal stems from a ruling handed down earlier this month by a federal judge in Maryland, that blocked enforcement of a key portion of President Trump's revised order on travel from going into effect.
The revised order would temporarily ban travel to the U.S.by foreign nationals from six majority-Muslim countries and put on hold all resettlement of refugees in the U.S. Lawyers for Trump said the people named in the case haven't shown they will suffer "substantial harm" and that the nationwide injunction blocking the ban is "fatally overbroad".
The move may potentially signal to the parties the weightiness of the issues involved, as rehearings en banc are generally "not favored" in the federal system and "ordinarily will not be ordered unless ... necessary to secure or maintain uniformity of the court's decisions; or the proceeding involves a question of exceptional importance". That ruling and a separate one in Hawaii were victories for civil liberties groups and advocates for immigrants and refugees, who argued that Trump's temporary ban on travel from six predominantly Muslim countries violated the Constitution. That is when he has scheduled a hearing on Hawaii's request to block the ban until the state's lawsuit works its way through the courts.
The Richmond, Virginia-based court will hear arguments in the case May 8. The state says that it will ensure the constitutional rights of Muslim citizens across the US are vindicated.