Published: Tue, June 13, 2017
Money | By Armando Alvarado

Federal Appeals Court Upholds Injunction Against Travel Ban

Federal Appeals Court Upholds Injunction Against Travel Ban

The court largely confirmed the decision a Hawaiin judge made March which found the revised executive order that temporarily restricted all refugees and foreign nationals from six major Muslim countries from entering the United States because it was believed to be "a muslim ban", according to reports.

On Monday, a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower court's injunction against President Donald Trump's travel ban.

In their ruling, the judges cited a tweet from the president that was posted after the recent terrorist attack in London, in which Trump argued that the US needed a travel ban "for certain risky countries".

In their ruling, though, the Ninth Circuit judges criticized the Trump administration not for its public opining, but for its lack of a real justification for the directive.

Several states and civil rights groups challenged the revised ban, saying it remained rooted in discrimination and exceeded the president's authority.

The administration on June 1 asked the U.S. Supreme Court to let the ban take effect while the justices decide whether to review the Fourth Circuit ruling. "This could conceivably provide some members of the Supreme Court with an alternative means by which to strike down the order, if they're dubious about the order but not totally convinced by the constitutional arguments against it, or if they wish to avoid the hard question of whether and when it's appropriate to rely on presidential statements or campaign statements". It's the second time his own comments have helped the courts knock down the executive order.

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Instead, she has left Britain's position in disarray, days before the divorce negotiations are due to start on June 19. Those 10 MPs, plus the 318 Conservative MPs that were elected on Thurdsay, are enough for a majority in Parliament.

In its ruling Monday, the appeals court said U.S. Code 1182 (f) requires that "the President exercise his authority only after meeting the precondition of finding that entry of an alien or class of aliens would be detrimental to the interests of the United States".

In its order, however, the Ninth Circuit limited the very broad prior injunction issued by the district court. The 9th Circuit's ruling makes it easier for the Supreme Court to keep the ban in place by allowing the government to continue with its internal review process.

The state of Hawaii on Monday urged Supreme Court not to grant the Trump administration's emergency request seeking to revive his plan. Watson argued that the travel ban targeted a specific religion.

The court cited two previous Supreme Court cases in its conclusion - including one in 1944 involving the containment of Japanese Americans in internment camps during World War II, an idea that then-Justice Frank Murphy said "falls into the ugly abyss of racism".

"I think there are people in the White House - wouldn't be surprised if [Kellyanne] Conway is one of them - who are trying everything to try and get him to stop tweeting", he told Business Insider, pointing to George Conway's message as one "that gets to" Trump. But it also forces the Supreme Court to act quickly if the travel ban is to be salvaged.

The latest decision came in a case from Hawaii, where a federal judge issued a nationwide order against enforcing either the 90-day suspension of entry of foreign nationals from six Mideast nations or the 120-day suspension of entry of refugees from anywhere in the world.

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