Trump defends 'travel ban' after appeal to Supreme Court
- Author: Leroy Wright Jun 06, 2017,
Jun 06, 2017, 20:05
Trump ignored the legal problems that arise from the term "travel ban", now using it five times on Twitter in about 24 hours.
The president's messages "may make some people feel better", but they will not help the administration achieve its goal of getting the Supreme Court to rule in its favor, George Conway said in a Twitter message.
While Hamilton says he won't go that far in his prediction, he does think that the Supreme Court, on a 5-4 decision, will uphold the president's travel ban.
Neal Katyal, the former acting solicitor general representing Hawaii in its lawsuit against the ban, said it was as if Trump was his co-counsel. In part, the courts have ruled that his comments on Islamic terrorism and one-time call for a total ban on Muslims entering the country show that even his more limited block on travel to the U.S. amounts to unconstitutional religious discrimination against Muslims.The administration is defending a new order created to pass judicial muster, though courts have repeatedly rejected it.Federal courts ultimately ruled against the ban, often seizing upon the President's own statements during the campaign - page after page - to hold that the executive order amounted to a Muslim ban in violation of the Constitution's Establishment Clause.Last week, the administration rolled out new policies for some people seeking United States visas who are deemed subject to greater scrutiny.
After the original order was stayed by courts, the administration issued a revised order.
At the heart of the legal wrangling is whether Trump's proposed ban violates the Constitution by discriminating on the basis of religion.
Never mind that Trump himself signed the revised order, which was meant to avert legal challenges, and that Justice Department lawyers have repeatedly argued the new policy does not target Muslims.
"Mr. President, you can't criticize the Justice Department". He assailed the Justice Department for a revised version of the measure that he called "watered down" and "politically correct".
"Talkative clients pose distinct difficulties for attorneys, as statements outside the court can frustrate strategies inside the court", Blackman said. To be clear, this is not a Muslim ban, as the media is falsely reporting.
"The Justice Department should have stayed with the original Travel Ban", not the scaled-down version that is now before the high court, he added.
"People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!" the President tweeted. He urged the Justice Department, which he oversees, to seek a "much tougher version" of the order.
Opponents of the travel order, on the other hand, took pleasure in Trump's self-inflicted wound.
On Twitter early Monday, though, Trump appeared to say that the latest executive order was of a piece with the earlier one, issued in January, and with his longstanding positions.
The appeals court found Trump's ban, which the administration called necessary to protect America from terrorism, was in fact rooted in discrimination against Muslims.
"That's right, we need a TRAVEL BAN for certain unsafe countries, not some politically correct term that won't help us protect our people", he tweeted.
"The president doesn't care what you call it, whether you call it a ban, whether you call it a restriction", spokeswoman Sarah Sanders said.