[Marxism] [SUSPICIOUS MESSAGE] Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss

Louis Proyect lnp3 at panix.com
Thu Feb 9 17:04:20 MST 2017

NY Times, Feb. 9 2017
Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss

WASHINGTON — A three-judge federal appeals panel on Thursday unanimously 
refused to reinstate President Trump’s targeted travel ban, delivering 
the latest and most stinging judicial rebuke to his effort to make good 
on a campaign promise and tighten the standards for entry into the 
United States.

The ruling was the first from an appeals court on the travel ban, and it 
was focused on the narrow question of whether it should be blocked while 
courts consider its lawfulness. The decision is likely to be quickly 
appealed to the United States Supreme Court.

Trial judges around the country have blocked aspects of Mr. Trump’s 
executive order, which suspended travel from seven predominantly Muslim 
countries and limited the nation’s refugee program, but no other case 
has yet reached an appeals court.

The decision, from a three-judge panel of the United States Court of 
Appeals for the Ninth Circuit, in San Francisco, reviewed a ruling 
issued last Friday by Judge James L. Robart, a federal judge in Seattle. 
Judge Robart blocked the key parts of Mr. Trump’s executive order, 
allowing immigrants and travelers who had been barred entry to come into 
the United States.

Judge Robart’s ruling inspired a harsh attack from Mr. Trump, who 
accused the judge of endangering national security. After the appeals 
court heard arguments on Tuesday, Mr. Trump issued a pre-emptive 
critique on Twitter.

“If the U.S. does not win this case as it so obviously should, we can 
never have the security and safety to which we are entitled,” he wrote. 

The judges on the Ninth Circuit panel were Judge Michelle T. Friedland, 
appointed by President Barack Obama; Judge William C. Canby Jr., 
appointed by President Jimmy Carter; and Judge Richard R. Clifton, 
appointed by President George W. Bush.

In written submissions and at Tuesday’s argument, lawyers for the 
administration said the president’s national security judgments should 
not be second-guessed by the courts. They added that both the 
Constitution and a federal law gave the president broad power to decide 
who may enter the United States.

Lawyers for the two states challenging the ban, Washington and 
Minnesota, along with their allies, told the appeals court that the ban 
was motivated by religious discrimination, endangered rather than 
enhanced the nation’s safety and threatened the economy.

The Trump administration urged the Ninth Circuit judges to reject 
arguments based on religious discrimination, even though Mr. Trump has 
said he meant to favor Christian refugees. Judicial consideration of the 
president’s motives, lawyers for the administration said, would violate 
the separation of powers.

At most, a Justice Department brief said, “previously admitted aliens 
who are temporarily abroad now or who wish to travel and return to the 
United States in the future” should be allowed to enter the country 
notwithstanding the ban.

The ban should continue to apply, the brief said, to people who have 
never visited the United States.

Follow Adam Liptak on Twitter @adamliptak.

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