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9th Circuit says Trump's third travel ban is illegal

9th Circuit says Trump's third travel ban is illegal

In this latest ruling the judges said Mr. Trump's repeated efforts to impose a travel ban are causing "psychological harm and distress" among Muslims, who feel targeted.

The opinion does not grapple with some of the thorniest legal questions raised by Trump's travel ban orders: whether they're unconstitutional because they stem from his calls for a Muslim ban during the presidential campaign past year or similar sentiments he has hinted at while in office.

In a six-page order, the three-judge-panel of the US Court of Appeals for the District of Columbia Circuit said the administration had "not shown a strong likelihood that they will succeed on the merits of their challenge" to a district court's order blocking the ban.

Trump relies on the premise that the Immigration and Nationality Act gives him broad powers to regulate immigration, the judges said, but for the president to block entry, he must first legally prove that person's entry would be detrimental to the interests of the United States.

"The Executive can not without assent of Congress supplant its statutory scheme with one stroke of a presidential pen", the court said in its ruling.




A District Court in California issued a nationwide preliminary injunction against the transgender military ban, making it the fourth federal court to do so.

But the ban will remain fully in effect for the time being, however, because on December 4 the U.S. Supreme Court ordered it to be fully implemented until all appeals in two challenges to Trump's order are resolved, including appeals to the Supreme Court itself. It does not address claims that the travel ban is unconstitutional because it was adopted for the goal of discriminating against Muslims.

Lower federal courts and the 9th and 4th circuits overturned parts of the second ban.

"We disagree with the court's ruling and are now evaluating the next steps", U.S. Justice Department spokeswoman Lauren Ehrsam said in a statement. In that post, I also explained why the inclusion of North Korea and some Venezuelan government officials does not obviate the anti-Muslim objective of the ban.

"National security alone is not a "talismanic incantation" that once invoked, can support any and all exercise of executive power under" immigration law, the decision said. Some commentators have argued that this ruling indicates that the justices are likely to uphold the travel ban when and if the case gets to them. But there are a number of other possible interpretations of the Supreme Court's actions. The Supreme Court is expected to rule on the case definitively in 2018. The Justice Department appealed to the Supreme Court, but the high court dropped the cases in October after Trump issued the third version of the ban and the earlier version expired.

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