Monday, June 12, 2017

9th Circuit Court Of Appeals Rules Against Trump's Travel Ban

The 9th Circuit Court of Appeals has agreed with the 4th Circuit Court that President Trump's travel ban is unconstitutional.

The unanimous ruling by a three-judge panel basically affirmed a March decision by Judge Derrick K. Watson, of the Federal District Court in Hawaii.

From the New York Times:

Like the Fourth Circuit, Judge Watson blocked major parts of the revised order on the ground that they violated the Constitution’s ban on a government establishment of religion. Judge Watson wrote that the statements of Mr. Trump and his advisers made clear that his executive order amounted to an attempt to disfavor Muslims.

“A reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements and specific sequence of events leading to its issuance — would conclude that the executive order was issued with a purpose to disfavor a particular religion,” Judge Watson wrote.

The 9th Circuit Court determined that President Trump exceeded the scope of his authority, writing in part, “The Immigration and Nationality Act ... gives the President broad powers to control the entry of aliens, and to take actions to protect the American public. But immigration, even for the President, is not a one-person show.”

Additionally, the panel of judges cite Donald Trump's travel ban tweet, and White House spokesman Sean Spicer's answer that Trump's tweets are official statements. Yet another reason the Trumpster should pause before tweeting.

The ban now heads to the U.S. Supreme Court.

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