The cases are State of Hawaii v. Trump, 17-cv-00050, U.S. District Court, District of Hawaii (Honolulu), and International Refugee Assistance Project v. Trump, 17-0361, U.S. District Court, District of Maryland (Greenbelt). The members of the panel change every month, according to a rotation, so a new appeal would come before a new set of judges.
His administration said today it will ask a Richmond-based federal appeals court to overrule the Maryland judge who blocked his executive order imposing restrictions on immigrants from six predominantly Muslim countries. That’s because the first travel ban was challenged in Washington State, which falls into the same circuit court – the 9th – as Hawaii.
In addition to looking at what Trump and key aides and surrogates said about the ban during the campaign, the judges and appeals courts may soon be looking at his more recent comments about the ban as well. Or they can opt to pursue the cases in both. Under the new executive order, lawyers for Hawaii said, Elshikh feared that his mother-in-law would ultimately be banned from entering the United States. But even Watson admitted it is undisputed that the order “does not facially discriminate for or against any particular religion, or for or against religion versus non-religion”.
Chief Justice John Marshall, in establishing the judiciary’s prerogative of judicial review in the 1803 case Marbury v. Madison, said, “It is emphatically the province and duty of the judicial department to say what the law is”.
It also temporarily shuts down the USA refugee program.
The judges in Maryland and Hawaii who blocked the order this week were highly critical of what they saw as illegal racial and religious motivations behind it.
The appeal of the preliminary injunction, issued by US District Judge Theodore Chuang in Maryland, goes to the US Court of Appeals for the Fourth Circuit. “I appreciate everyone’s advocacy”.
President Donald Trump confirmed the precise reason why his new travel ban was blocked on Wednesday.
President Trump slammed a federal judge from Hawaii Wednesday night for blocking what he called his “watered-down” travel ban on people from six predominately Muslim countries. This decision against the ban tells us what we already know: this is anti-Muslim bigotry falsely packaged as security.
But nothing in the order targets religious conduct for distinctive treatment!
In a decision published Thursday morning, the Judge imposed a nationwide to the portion of the executive order that barred foreign nationals from six majority-Muslim nations from entering the country.
“Historically, Americans have been skeptical about accepting refugees”, Bowman said.
The original order January 27 banned admissions to the United States for 90 days of citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Refugees already in the United States will remain separated from families living in risky conditions overseas, they said. The only way in which that agreement works is if the United States is indeed a safe country for refugees. The organization used to be known as the Hebrew Immigrant Aid Society. “The need for my executive order is clear”. The judge also is preventing President Trump from decreasing the number of refugees from 110,000 (Obama’s level) to 50,000.
Trump himself said Wednesday the legal challenges will continue, beyond the 9th Circuit, if necessary.
Last month, Robart granted a request by the state of Washington to halt the initial travel ban ordered by Trump.
Chuang’s ruling put on hold Trump’s 90-day ban on visas for people from Syria, Iran, Libya, Yemen, Somalia and Sudan.
Details of the implementation of the orders also indicate that national security isn’t the primary objective of the ban, Chuang said.
“I commend today’s decision to grant a temporary restraining order against the Administration’s Executive Order”. The document seeks to further the White House’s efforts against the “administrative state” and would eliminate funding entirely for independent agencies like: the Appalachian Regional Commission; the Chemical Safety Board, the Corporation for National and Community Service, the Corporation for Public Broadcasting, the Legal Services Corporation, the National Endowment for the Arts, the National Endowment for the Humanities, the Neighborhood Reinvestment Corporation, the Overseas Private Investment Corporation, the United States Institute of Peace, the United States Interagency Council on Homelessness and the Woodrow Wilson International Center for Scholars.