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