Trump delays effective date of travel ban amid court battle

Jun 16, 2017, 03:58
Trump delays effective date of travel ban amid court battle

Trump's visit to the court would be his first since he became president on January 20 and would put him face-to-face with the nine justices as they consider the fate of his travel ban unless the court acts before then.

Wall wrote that more time was needed because the 9th Circuit ruling in favor of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds". "We need the Travel Ban as an extra level of safety!"

The ruling also states: "A reasonable, objective observer - enlightened by the specific historical context, contemporaneous public statements and specific sequence of events leading to its issuance - would conclude that the executive order was issued with a goal to disfavor a particular religion".

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The Virginia court ruled that the 90-day suspension of visas for citizens of Iran, Syria, Yemen, Libya, Sudan, and Somalia, signed by Trump on March 6, was unconstitutional because it discriminated against Muslims. But the case also underlies a disturbing truth: Even if opponents succeed in stopping President Donald Trump from implementing this particular version of the Muslim ban, the fight over the issue is far from over.

As in previous rulings, the appeals panel cited remarks by Trump that seemed to contradict his administration's attorneys, who had argued that the order, despite the president's rhetoric, was narrow in scope and not discriminatory in nature.

The order also suspends the nation's refugee program for 120 days and imposes a new limit on the number of refugees accepted.

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The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries.

Conway pointed to a Washington Post analysis noting the extent to which the legal opinions in travel ban cases to that point had focused on the president's statements and tweets to reach their conclusions. The appeals court said Judge Watson had erred in barring the administration from conducting internal reviews of its vetting procedures while the case moved forward. The Supreme Court is weighing emergency applications in both cases, but is likely to act on them together.

The 4th U.S. Circuit also has called Trump's national security concerns an after-the-fact justification for a policy that was "rooted in religious animus".

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The Supreme Court on Tuesday set a new briefing schedule, meaning the highest court in the judicial branch in the coming days will decide whether to lift the temporary lower court injunction and whether to hear the Trump administration's appeal against the injunction that blocked the order's implementation.

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