US appeals court upholds block on Trump travel ban
- Author: Larry Hoffman Jun 26, 2017,
Jun 26, 2017, 7:52
On Monday, the Ninth Circuit Court of Appeals ruled to largely uphold a Hawaii court's nationwide preliminary injunction that blocked the revised travel ban's 90-day halt on nationals from the six designated Muslim-majority nations and a 120-day suspension of the refugee program.
On Monday, the San Francisco-based panel comprised of three judges ruled that the revised ban violates USA immigration law by discriminating against people for their nationality without justification. The ruling came after a separate court, the Richmond, Virginia-based 4th US Circuit Court of Appeals, on May 25 upheld a Maryland judge's ruling blocking parts of the order.
A USA appeals court had upheld a decision to block Donald Trump's travel ban, which targets people from six Muslim majority countries.
Following its 86-pages of arguments the judges remanded the case to the district court with instructions to re-issue the injunction against Trump's Executive Order in line with the appeal court's decision.
Separately, a San Francisco-based USA appeals court announced it would issue a ruling on the same issue on Monday.
In a unanimous ruling Monday, a three-judge panel on the court said Trump's revised order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality.
In the brief, Attorney General Becerra and 15 of his fellow attorneys general argue the Court should rule against the Administration because of the overwhelming and unrebutted evidence of anti-Muslim animus; the lack of a genuine national security rationale; and the significant harms the ban would cause the states, their residents and their institutions. The difference? Trump shifted the element of danger away from the countries included in his travel ban and instead focused on the danger the USA faces.
"Our system of checks and balances, enshrined in the Constitution for more than 225 years, remains in place".
Regarding this week's ruling, Advancing Justice said, "Today we are proud that our courts continue to stand up for the Muslim community and the rule of law". Again https://t.co/TsTXvog2Wq- TIME (@TIME) June 12, 2017 White House spokesman Sean Spicer said the administration is reviewing the decision and voiced confidence that the order is lawful and will ultimately be upheld by the Supreme Court. The administration has appealed that ruling to the Supreme Court.
Critically, the judges again pointed to Trump's social media presence to substantiate their ruling, including a seres of Twitter posts from June 5 in which the president claimed "we need a TRAVEL BAN for certain risky countries, not some politically correct term that won't help us protect our people!"
The new timetable requested Tuesday would deal only with the government appeal of the new Ninth Circuit Court decision.
On Feb. 9, another panel of three judges ruled in San Francisco, Northern California, against reinstating the travel ban signed on January 27 by Trump as part of an executive order.