Federal appeals court rules 3 to 0 against Trump on travel ban

Washington Post

A federal appeals court upheld a lower court ruling suspending President Trump’s controversial immigration order barring refugees and citizens from seven Muslim-majority countries from entering the U.S. on Feb. 9. (Peter Stevenson/The Washington Post)

February 9 at 9:26 PM
A federal appeals panel has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven majority-Muslim countries can continue entering the United States.In a unanimous 29-page opinion, three judges from the U.S. Court of Appeals for the 9th Circuit flatly rejected the government’s argument that suspension of the order should be lifted immediately for national security reasons, and they forcefully asserted their ability to serve as a check on the president’s power.The judges wrote that any suggestion that they could not “runs contrary to the fundamental structure of our constitutional democracy.”

The judges did not declare outright that the ban was meant to disfavor Muslims — essentially saying it was too early for them to render a judgment on that question. But their ruling is undeniably a blow to the government and means the travel ban will remain off for the foreseeable future.

Audio: Trump reacts to federal appeals court decision

 

Play Video1:12
President Trump said on Feb. 9 that he looked forward to seeing the judges “in court” after a federal appeals court upheld the suspension of his controversial immigration order. (Editor’s note: Audio only.) (The Washington Post)

Trump reacted angrily on Twitter, posting just minutes after the ruling, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” He later said to reporters that the judges had made “a political decision.”

“We have a situation where the security of our country is at stake, and it’s a very, very serious situation, so we look forward, as I just said, to seeing them in court,” he said.

The Justice Department, which was defending the administration’s position, said in a statement it was “reviewing the decision and considering its options.” Tiếp tục đọc “Federal appeals court rules 3 to 0 against Trump on travel ban”

Trump’s Unconstitutional Muslim Ban

JURIST Contributing Editor, Professor Emerita at Thomas Jefferson School of Law, and author Marjorie Cohn discusses the constitutional violations resulting from the executive order banning nationals from seven Muslim-majority countries …

On January 27, 2017, President Trump made good on his campaign promise to institute a ban on Muslims entering the US. Trump’s executive order (“EO”) is titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

The EO bars nationals from seven Muslim-majority countries from the US for at least 90 days. They include Iraq, Iran, Libya, Syria, Somalia, Yemen, and Sudan. The EO also indefinitely prevents Syrian refugees, even those granted visas, from entering the US. And it suspends the resettlement of all refugees for 120 days.

None of the 9/11 hijackers came from the seven countries covered by the EO; 15 of the 19 men hailed from Saudi Arabia, which is not on the list. No one from the seven listed countries has mounted a fatal terrorist attack in the United States.

Countries exempted from the EO include Saudi Arabia, Pakistan, Egypt, Turkey, Lebanon and the United Arab Emirates — countries where Trump apparently has business ties. Tiếp tục đọc “Trump’s Unconstitutional Muslim Ban”