Here's what the Supreme Court might look at — Travel ban case

Cheryl Sanders
May 26, 2017

The Trump administration says it plans to appeal to the Supreme Court.

USA appeal court's chief judge states revised ban "drips with religious intolerance, animus, and discrimination".

Trump is not required to admit people from "countries that sponsor or shelter terrorism until he determines that they can be properly vetted" and don't pose a security threat, Sessions said. Appeals court documents say the administration has 90 days to file an appeal. To put the ban in motion, the Justice Department would also have had to win at the U.S. Court of Appeals for the 9th Circuit, which heard oral arguments on May 15 in the government's appeal of the Hawaii decision.

"This to us is a complete win and overwhelming in terms of the votes", said Omar Jadwat, director of the American Civil Liberties Union Immigrants' Rights Project, who argued the case in the 4th Circuit.

More than 15,000 students and more than 2,000 visiting scholars came to USA universities from the six nations named in the current version of the ban in 2015-16, according to data from the Institute of International Education.

A final decision could be nearly a year away even if the justices accept the case.

"Today's decision will allow MESA to move forward more freely in advancing our mission as a scholarly association - to facilitate the free exchange of ideas", Baron said.


"From the highest elected office in the nation has come an executive order steeped in animus and directed at a single religious group", he added. That was issued by a lower court in Maryland.

FILE - In this September 27, 2016 file photo, 4th Circuit Court of Appeals, Chief Justice Roger Gregory, gestures during an interview in his office in Richmond, Va. They ruled by a vote of 10 to 3 to keep the preliminary injunction in place.

In March, Trump issued the revised order which he would later call a "watered-down" version of the first.

Sessions was criticized last month when he expressed outrage that an "island judge" - a federal judge in Hawaii - had the ability to block the travel ban in March. Subsequent controversies have distracted from Trump's agenda, including his firing of FBI Director James Comey amid the bureau's investigation into potential campaign ties to Russian Federation. The ruling from the 4th US Circuit Court of Appeals upholds a lower court's decision to halt core portions of the executive order indefinitely.

The court used statements from Trump's campaign where he suggested blocking Muslims from the entering the country as the basis for their decision.

In its response to Thursday's ruling, the White House said it was confident Trump's order will be ultimately upheld by the courts.

The ruling had a partisan tinge.


Proceeding from rhetoric to legal argument, the Court relied on the "purpose prong" of the Lemon Test, that oft-dismissed but not entirely superseded rule that requires a challenged law's primary goal to be secular.

The case is expected to go to the U.S. Supreme Court.

Gregory provided a summary of the Court's reasoning in his opening paragraph. That appeal before the Ninth Circuit is still pending.

And claims of national security are not a "silver bullet" to defeat any arguments against a decision, the judges ruled.

Short quotes one of the dissenters, Judge Dennis W. Shedd, in saying that the "real losers" are the millions of individual Americans whose security is threatened daily by those who seek to harm the U.S.

They also criticized the use of campaign material as evidence: "If a court, dredging through the myriad remarks of a campaign, fails to find material to produce the desired outcome, what stops it from probing deeper to find statements from a previous campaign, or from a previous business conference, or from college?"

The three dissenting judges, all appointed by Republican presidents, said the majority was wrong to look beyond the text of the order. She cited Trump adviser Rudy Giuliani's comments following Trump's inauguration that the president had asked him to figure out how to legally implement a Muslim ban.


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