Worldwide

US appeals court weighs legality of Trump travel ban

US appeals court weighs legality of Trump travel ban”

For the second time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump's revised travel ban - and once again, they can expect plenty of questions Monday about whether the ban was created to discriminate against Muslims. The 4th Circuit heard the case with all its judges, a step the 9th Circuit did not take.

The Justice Department argues Trump issued his order exclusively to protect national security.

"How is a court to know if [the executive order] is a Muslim ban in the guise of national security justification?"

The three judges considering the matter in the 9th Circuit - Hawkins, Gould and Richard Paez - were appointed by President Bill Clinton. "There was no reference to Japanese in that executive order", he said, "and look what happened".

Wall told the judges Trump had "clarified that what he was talking about were Islamic terrorist groups and the countries that shelter or sponsor them". The lawyer for the state of Hawaii, which brought this case, says the order is essentially that Muslim ban that President Trump and his advisers have talked about. When Wall replied that it would not, Paez pressed him, noting that Roosevelt's order was "facially legitimate".

"I want to be very clear about this", Wall said solemnly. It's widely expected that one of the pending lawsuits will, eventually, be appealed to the Supreme Court. United States. That's the executive order that led - or that case concerns the executive order that led to the Japanese internment camps during World War II.

But on Monday, acting Solicitor General Jeffrey Wall, arguing on behalf of the Trump administration, urged the judges not to delve into a "wide ranging inquiry into subjective motivation" in considering Trump's past comments on Muslims, because "the (executive) order on its face doesn't have anything to do with religion and in operation doesn't distinguish on the basis of religion".

The proposed ban has followed a rocky path so far: After the 9th Circuit blocked Trump's first travel ban, the president's lawyers rewrote some of it and, after another judge in Hawaii blocked that order the case has now gone to a different set of judges on the 9th who considered that revised version on Monday.

A crowd rallied in protest outside an appeals court in the western city of Seattle, where a panel of federal judges was weighing the legality of the contested immigration order - which has twice been blocked by the courts since January.

Monday's hearing was the second major legal test for the revised travel ban in the span of a week.

Various lower courts, however, have ruled that the ban was created to discriminate against Muslims, citing Trump's divisive comments from the stump as evidence.

Wall said yes, but the criteria would have to be "really high" to prove Trump actually meant to ban Muslims, which would be prohibited under the First Amendment.

Gould asked Katyal if the court could uphold Watson's injunction based on the immigration law claims if the appeals court didn't agree with the constitutional claim.

The judges, Katyal said, only need to ask a simple question: "Is this executive order, viewed from the standpoint of an objective observer, an establishment of a disfavored religion - Islam?" He pointed to, among others, Trump's statement in December 2015 calling for "a total and complete shutdown of Muslims entering the United States". One judge even asked if there was anything other than "willful blindness" that would prevent them from doing so, a less than encouraging sign for Trump's lawyers as they headed to court Monday in Seattle.

Wall argued that the president had said "several things approaching" a repudiation of his campaign trail comments.

The President subsequently issued the revised order in early 6 March, taking Iraq off the list of seven Muslim-majority countries.

And in yet another judicial development concerning the ban, a federal judge in MI last week ordered the Trump administration to turn over communications from former NY mayor Rudolph W. Giuliani and other Trump's advisers whose comments judges nationwide have pointed to as they have ordered to freeze the ban. "You open the door to so much", Katyal said.



Like this

Latest


16 May 2017
Xi: China to host 2nd BRF in 2019
In the communique, China and other nations underlined the importance of expanding trade and investment based on a level playing field.

16 May 2017
Alonso hit by Honda failure on FP1 outlap
I believe that on other weekends we have had trouble-free Fridays and Saturdays only to not finish the race on Sunday. If not, the two-time former champion says he will be looking for another team, or even to abandon F1 altogether.

15 May 2017
Sean Spicer Was 'Among' the Bushes, Not Hiding 'In' Them
Trump also denied reports that he asked Comey to pledge his loyalty to him at a private dinner shortly after Trump was sworn in. He knew he'd be grilled today about Trump's tweet so he and Trump certainly discussed it beforehand.

15 May 2017
Luis Enrique anticipating tough test for Barcelona at Las Palmas
Luis Enrique recognises them as one of the league's best footballing sides, and they've demonstrated that over the past 18 months. Barcelona's last game is at home against middle of the pack Eibar, while Madrid has games at Celta Vigo and Malaga.

14 May 2017
Russian Federation meddled in polls, intelligence bosses reiterate
For the Trump Administration, facing a question whether to increase the USA troop levels in Afghanistan, this can't be good news. He said that China still needs to do more to pressure North Korea before it will change its behavior and can do more.

13 May 2017
Trump just conceded he was lying about why he fired Comey
Trump also said in the exclusive interview with NBC News' Lester Holt Friday that he fired Comey partly because he is a "showboat" and a "grandstander".

12 May 2017
Former Punjab AAP convener Gurpreet Singh Ghuggi announces resignation
He said the risky politics being played by Kejriwal in Punjab has also been exposed by Ghuggi. We are expecting that some leaders will join the party soon", Dr Rajkukar Verka said.

12 May 2017
Koeman has 'doubts' over Barkley's Everton future
Stekelenburg's not fit, he has a groin problem, Seamus we know, Funes we know, Bolasie we know, McCarthy we know, Lennon we know. Koeman disagrees with the Belgian striker but believes he can still improve his game.

12 May 2017
Aetna drops last 2 state markets under Affordable Care Act
But insurers faced big losses in some markets, and they got less financial support from the government than they expected. And even that one company, Medica Health of Minnetonka, Minnesota, isn't sure it will sell those health plans in 2018.

11 May 2017
Ewe, get a womb! Docs grow baby lambs in shrink-wrap plastic bags
Scientists first developed a womb-like bag known as extra-uterine support device and tested its efficacy on preterm lamb. The device looks like a large water pillow and is filled with laboratory-produced amniotic fluid.



Recommended