Monday, June 12, 2017

Trump Loses Travel Ban Ruling in Appeals Court

A Second Federal Appeals Court on Monday Ruled against President Trump’s Revised Travel Ban. The decision, from the United States Court of Appeals for the Ninth Circuit, in San Francisco, was the latest in a string of Court Rulings Rejecting the Administration’s efforts to Limit Travel from several predominantly Muslim Countries.

The Administration has already sought a Supreme Court Review of a similar Decision issued last month by the United States Court of Appeals for the Fourth Circuit, in Richmond, Va.

The new Ruling affirmed a March Decision from Judge Derrick K. Watson, of the Federal District Court in Hawaii. Judge Watson Blocked Major parts of the Revised Order, saying they Violated the Constitution’s Ban on a Government establishment of Religion. Judge Watson wrote that the Statements of 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.

In an earlier Decision, the Ninth Circuit in February Blocked Trump’s original Travel Ban. After that Ruling, Trump narrowed the scope of his Initial Executive Order, issued on Jan. 27th, a week into his Presidency.

The new Order’s 90-day Suspension of Entry from Iran, Libya, Somalia, Sudan, Syria, and Yemen was more Limited and subject to Case-by-Case Exceptions. It omitted Iraq, which had been listed in the earlier Order, and it Removed a complete Ban on Syrian Refugees. It also Deleted Explicit References to Religion.

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