Domingo, 22 Julio, 2018

US appeals court rules against Trump travel ban

Irune Rengel | 13 Junio, 2017, 04:33

They likewise rejected the government's argument that the ban did not discriminate against Muslims, but rather residents of specific countries.

"Indeed, the president recently confirmed his assessment that it is the "countries" that are inherently unsafe, rather than the 180 million individual nationals of those countries who are barred from entry under the president's 'travel ban, '" the judges wrote.

It's the second such decision in less than a month.

A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a decision blocking the ban and said the president violated U.S. immigration law. The court entered a nationwide injunction prohibiting enforcement of Sections 2 and 6 of Turmp's Executive Order.

The Ninth Circuit's alternative approach could complicate the picture at the Supreme Court.

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I know what you're thinking here, so let's just say it aloud: Why are the federal courts wasting valuable time looking at the president's Twitter feed when they could be assessing his executive authority?

But the appellate courts' opinions were notably different in focus.

Critics have said the orders amount to an unconstitutional "Muslim ban" that Trump called for during his presidential campaign. In order to grant the temporary restraining order, the judges had to find that Ferguson's lawsuit against the Administration was likely to succeed. The dissenting judges in the 4th Circuit case argued, for example, that the majority should have stuck to the order's "plain, unambiguous, and religiously neutral text".

U.S. President Donald Trump listens during an event to welcome the Clemson Tigers to the White House on Monday.

In refusing to reinstate the travel ban, the Ninth judges said there was no evidence presented by the Trump administration to back the measure - and pointed to a government report to support their decision. That order blocked only the suspension of entry by foreign nationals from the designated Mideast nations, each of which has a predominantly Muslim population. It also did not provide any link between their nationality and their propensity to commit terrorism. That's exactly what the 4th and 9th circuits did.

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To justify its claim for a greater bureaucratic and judicial role in national immigration policy, the court had to deal with a 1952 law giving the president near-total authority over immigration policy. There are no findings in the order that blocking entire populations is necessary to protect US interests. It's now almost universally recognized as being unconstitutional and profoundly unjust, born of 'race prejudice, war hysteria and a failure of political leadership, ' as a congressional apology put it.

The 4th Circuit "refuses to apply the traditional deference to the president and Congress in immigration affairs because of Trump's statements", John Yoo, a Berkeley law professor who served in George W. Bush's Justice Department, told the Washington Examiner.

Ultimately, the appellate court said the central provisions of the revised executive order - regarding both travelers and refugees - should remain on pause. Statements by senior adviser Stephen Miller, former adviser Rudolph Giuliani, and other proxies also have also been cited in lower court decisions.

Already pending at the Supreme Court is a government appeal of an order issued by a federal judge in Maryland.

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