Trump Tweet Cited in Court Decision on Travel Ban

Jerome Frank
Июня 14, 2017

The 9th U.S. Circuit Court of Appeals issued a ruling Monday that supported a lower court's decision blocking President Donald Trump's revised travel ban for refugees and some foreigners.

The court's decision Monday follows a ruling last month by a Virginia panel that also upheld a nationwide injunction against Trump's revised executive order, based partly on the reasoning that the US government can not establish a national religion.

President Trump's habit of blasting off angry tweets backfired last night as a court cited his own words to block his latest effort to ban travellers from six mainly Muslim countries. "(I) mmigration, even for the President, is not a one-person show".

Trump issued his initial travel ban on a Friday in late January, bringing chaos and protests to airports around the country. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state, decision that was unanimously upheld by a different three-judge 9th Circuit panel.

According to the order itself, the 90-day ban on travelers from seven Muslim-majority countries and the 120-day ban on refugees were supposed to give the administration time to "ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals".

Hawaii's lawyers said Trump had provided evidence that his administration already was doing the work that it said required a halt in travel to accomplish. The judges pointed to a June 5 tweet by Trump saying the executive order was aimed at "dangerous countries".

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"In conclusion, the Order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality", wrote the panel. Sessions said that the president's executive order is "well within his lawful authority to keep the nation safe".

But the Ninth Circuit ruling certainly was another setback for Trump in his quest to see the measure put into effect. The White House said it is confident the high court will uphold Trump's executive order.

"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 judge wrote.

The nation's top court, which leans conservative after Trump's appointee won confirmation as the ninth justice earlier this year, could act as soon as this week on his administration's request to reinstate the order.

In the first brief, the attorneys general oppose the Trump administration's petition for certiorari, arguing that the preliminary injunction against the immigration ban should be maintained and the Supreme Court should not review the decision at this point because it would be premature.

The US Justice Department filed an emergency application to the Supreme Court on June 1, urging it to undo the Fourth Circuit's ruling.

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