Another U.S. appeals court refuses to revive Trump travel ban

[webfact]

Another U.S. appeals court refuses to revive Trump travel ban

By Dan Levine and Lawrence Hurley

 

White House spokesman Sean Spicer says the administration is currently reviewing the U.S. appeals court decision against President Donald Trump's temporary travel ban on people entering the U.S. from six Muslim-majority countries.

 

SAN FRANCISCO/WASHINGTON (Reuters) - President Donald Trump suffered another legal setback on Monday as a second federal appeals court refused to revive his travel ban on people entering the United States from six Muslim-majority nations in a dispute headed to the U.S. Supreme Court.

 

The San Francisco-based 9th U.S. Circuit Court of Appeals used narrow grounds to reject the Trump administration's bid to undo a Hawaii federal judge's decision blocking the temporary ban. It said the Republican president's March 6 order violated existing immigration law. But the three-judge panel - all Democratic appointees - did not address whether it was unconstitutional discrimination against Muslims.

 

A second court, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, on May 25 upheld a Maryland judge's ruling that also blocked Trump's 90-day ban on travellers from Libya, Iran, Somalia, Sudan, Syria and Yemen.

 

The 4th Circuit had ruled that the ban, which replaced an earlier Jan. 27 one also blocked by the courts, "drips with religious intolerance, animus and discrimination" aimed at Muslims.

 

The 9th Circuit largely left in place a nationwide injunction by Judge Derrick Watson that stopped parts of the order, which Trump said was urgently needed to prevent terrorism in the United States. That ruling came in a lawsuit challenging the order brought by the state of Hawaii, which stated the ban would harm its universities and tourism industry.

 

Even before Monday's ruling, the case was on the fast track to the Supreme Court, where the administration on June 1 filed an emergency request seeking to reinstate the order and hear its appeal of the 4th Circuit ruling. The Supreme Court could act on the administration's request as soon as this week.

 

Trump has been on the losing side in all four court rulings on the March order. White House spokesman Sean Spicer said the administration is reviewing Monday's decision and expressed continued confidence that the order is fully lawful and ultimately will be upheld by the Supreme Court.

 

"I think we can all attest that these are very dangerous times and we need every available tool at our disposal to prevent terrorists from entering the United States and committing acts of bloodshed and violence," Spicer told a briefing.

 

The 9th Circuit upheld the block on Trump's three-month travel ban for the six countries and four-month suspension of all refugee admissions. But the court pared back part of Watson's injunction in order to allow the government to conduct internal reviews on vetting procedures for these travellers.

 

The administration said the travel ban was needed to allow time to implement stronger vetting measures, although it has already rolled out some new requirements not blocked by courts, including additional questions for visa applicants.

 

Rather than focussing on Trump campaign statements as the Virginia-based court did, the 9th Circuit said the language in the executive order itself did not make a rational case for why a travel ban was needed.

 

"The order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality," the court wrote, referring the combined populations of the six countries.

 

'ATTRACTIVE WAY'

 

Under immigration law, the administration was required to make findings that entry of the people in question would be detrimental to the United States but failed to do so, the court said.

 

Stephen Vladeck, a professor at University of Texas School of Law, said the 9th Circuit provided an easier path for the Supreme Court to keep the travel ban on hold, because it avoided entirely the controversy over Trump's campaign statements.

 

"It provides a very attractive way to leave the injunction in place without setting broader doctrinal rules about which they may have pause," Vladeck said.

 

Trump during the 2016 presidential campaign called for a "total and complete shutdown of Muslims entering the United States."

 

Monday was the deadline for the ban's challengers to respond to the administration's request that the order be allowed to go into effect. The American Civil Liberties Union, which represents people challenging the ban in the separate Maryland suit handled by the 4th Circuit, filed court papers urging the court not to take up the case, saying the order will become moot on Wednesday, 90 days from when Trump issued it.

 

Lawyers for Hawaii called the order a "thinly veiled Muslim ban."

 

Trump's earlier Jan. 27 order also included Iraq among the countries targeted and a total ban on refugees from Syria. The March order was intended to overcome the legal issues posed by the original ban, but was blocked before it could go into effect on March 16.

 

The suits by Hawaii and the Maryland challengers argued that the order violated federal immigration law and a section of the Constitution's First Amendment that prohibits the government from favouring or disfavouring any particular religion.

 

Hawaii's court papers mentioned a series of Trump Twitter posts on June 5. Trump described the order as a "watered down, politically correct" version of his original one.

 

(Reporting by Lawrence Hurley in Washington and Dan Levine In San Francisco and Ayesha Rascoe in Washington; Additional reporting by Mica Rosenberg in New York; Editing by Will Dunham)

 

-- © Copyright Reuters 2017-06-13

[darksidedog]

4--0 to the courts now then. Given that the original 90 day ban is four and a half months old and the second ones 90 days expires tomorrow, Donald should accept defeat and drop this.

He has had the time he wanted to work out new visa screening rules, so there should be no need for it any longer anyway.

Sadly however, I expect some rabid comments from Spicer, or in Tweets, lamenting the judiciary and trying to continue this blatantly immoral path.

Some people are just too stupid to learn.

[PattayaJames]

Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!

[darksidedog]

18 minutes ago, PattayaJames said:

Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!

I disagree. The legal system is in excellent shape and has the correct restrictions in place to ensure that everything is done fairly and within legal statutes. It is the pathetic sad and broken administration, that is in truth the laughing stock of the world. Check out any of the International media and you will see this is true. The red necks hero, Donald, is a sad joke.

[stevenl]

22 minutes ago, PattayaJames said:

Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!

Au contraire, it seems to be working well.

[arminbkk]

Perhaps the Trump administration should offer free unconditional travel visas, granted upon application, to all applicants from all (muslim majority) nations that are not included in the disputed travel ban, to show beyond doubt it is not a muslim ban.

[dexterm]

 

 

Quote

Hawaii's court papers mentioned a series of Trump Twitter posts on June 5. Trump described the order as a "watered down, politically correct" version of his original one.

Trump has such an enormous ego, he can't keep his mouth shut or his fingers off the keyboard revealing his true intentions...and thinks the appeals court will not notice his words recorded in cyberspace for ever. What a dope!

[ilostmypassword]

2 hours ago, PattayaJames said:

Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!

Well, we know that Trump is the laughing stock of the world.  So a court system that is keeping him in check is also considered as such? Seems unlikely.

[hawker9000]

3 hours ago, PattayaJames said:

Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!

Yeap, the Obama-packed kangaroo courts have had their predictable say.  Now let's see what tune the Supremes are singing ...

[ilostmypassword]

Just now, hawker9000 said:

Yeap, the Obama-packed kangaroo courts have had their predictable say.  Now let's see what tune the Supremes are singing ...

What you said was that that "Pathetic sad and broken liberal court system is the laughing stock of the world. Sad!"

Maybe in the right wing world you inhabit. But on actual planet Earth, do you have any evidence that the majority of the world's governments or the world's people share your opinion?

[hawker9000]

1 minute ago, ilostmypassword said:

What you said was that that "Pathetic sad and broken liberal court system is the laughing stock of the world. Sad!"

Maybe in the right wing world you inhabit. But on actual planet Earth, do you have any evidence that the majority of the world's governments or the world's people share your opinion?

Sober up enough to work out who actually said what, THEN rhapsodize for us on what the "world is thinking" (LOL) and why that should have anything whatsoever to do with U.S. soverign immigration policy.  

[ilostmypassword]

1 minute ago, hawker9000 said:

Sober up enough to work out who actually said what, THEN rhapsodize for us on what the "world is thinking" (LOL) and why that should have anything whatsoever to do with U.S. soverign immigration policy.  

It's true I wrongly credited you with that statement. But you did endorse it.

[hawker9000]

1 minute ago, ilostmypassword said:

It's true I wrongly credited you with that statement. But you did endorse it.

.Yes, you were wrong.  Just stop there & quit while you're ahead.

[ilostmypassword]

9 minutes ago, hawker9000 said:

.Yes, you were wrong.  Just stop there & quit while you're ahead.

Glad to know that you don't believe that "Americas pathetic sad and broken liberal court system is the laughing stock of the world. Sad!"

[Revolutionary]

All you Trump haters had better be in for along 8 years. Fortunately the man is not as stupid as you all would like to believe. It will
Take him the first four years to start to drain the swamp. Never have I seen the ond fighting back so hard because they can see their soft , relaxed cosy lifestyle is being challenged. He now has the Supreme Court numbers , there will be more changes to come after 8 years of Obamanothing. The second 4 years will be interesting

[stevenl]

18 minutes ago, Revolutionary said:

All you Trump haters had better be in for along 8 years. Fortunately the man is not as stupid as you all would like to believe. It will
Take him the first four years to start to drain the swamp. Never have I seen the ond fighting back so hard because they can see their soft , relaxed cosy lifestyle is being challenged. He now has the Supreme Court numbers , there will be more changes to come after 8 years of Obamanothing. The second 4 years will be interesting

He has just topped up the swamp.

 

I find it hard to believe somebody posting this is serious.

[dunroaming]

31 minutes ago, stevenl said:

He has just topped up the swamp.

 

I find it hard to believe somebody posting this is serious.

I don't think he is serious.  I think Revolutionary is just trying to wind everyone up and is actually laughing as he types the words.  Most of us enjoy a good laugh and that is exactly what his post is.

[Thakkar]

5 hours ago, dexterm said:

 

 

Trump has such an enormous ego, he can't keep his mouth shut or his fingers off the keyboard revealing his true intentions...and thinks the appeals court will not notice his words recorded in cyberspace for ever. What a dope!

Every time (and that's every day) Trump does or says something blatantly stupid or bizzare, he is not to be taken at face value because he is playing some eleventieth level 3-D chess that the rest of the world is too dull to understand.

 

On the rare occasion that Obama said something stupid, it was taken at face value and Obama immediately and vociferously deemed unsuited to be president.

 

These Trumpeteers will never win any gold stars for equanimity.

[Thaidream]

Trump will never, ever get another 4 years and he will be lucky to make it through his first term. He is not draining any swamp- his whole administration is filled with swamp dwellers and their wall street hangers on. None of these people including Trump give a damn about the American people who have no universal healthcare; the poor; the over stretched middle class and the elderly.

After living through every Present since Truman- this is the only President I have ever seen that has virtually pissed off every American Ally there is as well as a majority of the American people. He has no mandate to govern. He lost the popular vote and there maybe evidence he never even won the election.

Undoubtedly, the most unqualified person to ever hold the Presidency and history will judge him as a complete failure. He is not ignorant- simply uncouth and without any morals which is exacerbated by his arrogance. Keep tweeting- your own words will be what does your Presidency In.

[dunroaming]

I don't think that anyone who is still a Trumpster really cares what the outside world thinks of Trump.  They can't afford to, nor can they care what the majority of Americans think of him either.  They have to keep their fingers in their ears  and cover their eyes otherwise they would see the reality and that for them would be unbearable.