Trump Administration Loses Another Travel Ban Appeal

Lauren Perry
June 13, 2017

The state of Hawaii on Monday urged the U.S. Supreme Court not to grant the Trump administration's emergency request seeking to revive his plan to temporarily ban travelers from six Muslim-majority nations after it was blocked by lower courts that found it was discriminatory.

The ruling by a three-judge bench of the US Court of Appeals for the Ninth Circuit was against the revised travel ban.

"Immigration, even for the president, is not a one-person show", the three justices said in their unanimous ruling. "We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress", the order stated.

On June 6, Trump tweeted: "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!", reports CNN. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state - a decision that was unanimously upheld by a different three-judge 9th Circuit panel.

The judges added the government had failed to prove "any link between an individual's nationality and their propensity to commit terrorism", and cited a 5 June tweet by Trump to back their argument.

The court further said the order did not explain why the travel ban was needed in the first place.

"S.C." may refer to the Supreme Court, where Trump has vowed to take his travel ban fight.

In deciding whether to allow the ban to go into effect, the Supreme Court is set to weigh whether Trump's comments as a presidential candidate can be used as evidence that the executive order was meant to discriminate against Muslims in violation of the U.S. Constitution's First Amendment ban on the government favoring one religion over another.

The 9th Circuit's more narrow focus on immigration law may appeal to conservative justices on the Supreme Court who might be loath to extend their review beyond the text of the executive order to include the president's campaign statements about a Muslim ban, said David Levine, a professor at the University of California, Hastings College of the Law. In his March ruling striking down the travel ban, a federal judge in Hawaii also held that the suspension of the refugee program was unconstitutional.

The US Court of Appeals for the Ninth Circuit Courthouse in San Francisco where the appeal was heard.

The second travel ban, signed by Trump on March 6 as part of his executive order, bars nationals of Libya, Iran, Somalia, Sudan, Syria and Yemen from entering the United States for 90 days; and suspends the entry of all refugees.

White House Press Secretary Sean Spicer says the administration is confident that President Donald Trump's travel ban will be upheld by the Supreme Court after its latest legal blow.

"Thus, by the Government's own account, the need for the travel and refugee bans has passed", they wrote.

The president also has repeatedly condemned sitting federal judges and decisions he does not like, unprecedented criticism for a sitting president toward the judiciary in modern times.

Other reports by VgToday

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