The Ninth Circuit Rejects Trump's Travel Ban Again
- Author: Zachary Reyes Jun 17, 2017,
Jun 17, 2017, 10:30
In a separate case, the Fourth Circuit Court of Appeals ruled in May to affirm a Maryland court's nationwide injunction of the travel ban's 90-day stoppage on nationals from six designated countries. The Ninth Circuit, in a ruling on Monday, also upheld a different lower court's order putting the ban on hold, but on the grounds that Trump had exceeded his powers under the Immigration and Nationality Act.
The 4th Circuit, however, said the order discriminates against Muslims in violation of the Establishment Clause of the First Amendment, which prohibits the government from establishing any religious orthodoxy, or favoring or disfavoring one religion over another.
However, there's also the possibility that the Supreme Court could expedite the whole process - granting the certiorari petition this week, hearing arguments in a week or two and deciding the case before the end of the term, although experts say this is an unlikely scenario. "See you in the Supreme Court!"
Hakim Ouansafi, president of the Muslim Association of Hawaii, right, speaks during a news conference as Hawaii Attorney General Douglas Chin, left, listens after a US appeals court decision on President Donald Trump's revised. It ruled on the basis immigration law, not the Constitution.
The court also ruled that the administration failed to "reveal any threat or harm to warrant suspension of [Notes:refugee admissions] for 120 days and does not support the conclusion that the entry of refugees in the interim time period would be harmful".
Trump earlier this month doubled down on some of those comments, deriding the revised travel ban as a "watered down" version of the first and calling the new measure "politically correct". The March order was meant to overcome the legal issues posed by the original ban, but was blocked before it could go into effect on March 16. The majority noted Trump's campaign pledge to bar Muslims from entering the country.
"Well, as predicted, the 9th Circuit did it again", Trump said via Twitter. But the 4th Circuit was only ruling on the portion of the law restricting travel from the six countries for 90 days.
In a follow-up question, the report noted that the court ruling cited the president's tweets from June 5 on the travel ban, as well as the administration's statement that the president's tweets are official statements.
The judges said the travel order does not actually curtail travel on the part of individuals, but rather on countries that it says are inherently unsafe.
"Indeed, the president recently confirmed his assessment that it is the "countries" that are inherently risky, rather than the 180 million individual nationals of those countries who are barred from entry under the president's 'travel ban, '" the judges wrote. Presidents do have substantial latitude in setting immigration policy and in preserving national security, but those powers are not limitless and can not be exercised arbitrarily.