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Trump travel ban suffers new court defeat

Trump travel ban suffers new court defeat”

On Monday, the San Francisco-based 9 US Circuit Court of Appeals became the second federal appeals court to reject the Republican Trump administration's bid to undo a Hawaii federal judge's decision that blocked the temporary travel ban in a dispute headed to the US Supreme Court.

Trump's visit to the court would be his first since he became president on January 20 and would put him face-to-face with the nine justices as they consider the fate of his travel ban unless the court acts before then.

The panel of three judges appointed by President Bill Clinton faulted the travel order on two grounds.

The ruling from a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the president violated U.S. immigration law by discriminating against people based on their nationality and by failing to demonstrate that their entry into the country would hurt American interests.

In refusing to reinstate the travel ban, the Ninth judges said there was no evidence presented by the Trump administration to back the measure - and pointed to a government report to support their decision.

The Trump administration on June 1 asked the US Supreme Court to block the Hawaii and Richmond rulings and revive the ban.

Because the court found the administration did not meet its statutory requirements, there was no need to look at the constitutional infirmities of the ban. The Fourth Circuit, because it dealt with the Establishment Clause, looked closely at whether the executive order was really just a disguised version of the "complete and total" ban on Muslims coming into the United States that Trump had promised his supporters during the campaign.

I think we can all attest that these are very unsafe times and we need every available tool at our disposal to prevent terrorists from entering the United States and committing acts of bloodshed and violence.

"So now that that consultation can happen, the 90-day travel ban will be mooted out no later than a few months from now - before October, when the case could be argued (in the Supreme Court)", said Margo Schlanger, a University of MI law professor and former civil rights official in the Obama administration's Department of Homeland Security.

Spicer strongly defended the Trump's executive orders in his daily briefing on Monday and said the administration was reviewing the opinion as it weighed its next steps. "(I) mmigration, even for the President, is not a one-person show".

Hawaii Attorney General Doug Chin said on Hawaii News Now Sunrise the decision would virtually guarantee the president would have to seek approval from the U.S. Supreme Court to move forward. We do not abdicate the judicial role, and we affirm our obligation "to say what the law is" in this case.

Monday is the deadline for the ban's challengers to respond to the administration's request that the order be allowed to go into effect.

Lawyers for Hawaii had described Mr Trump's executive order as a "thinly veiled Muslim ban".

The executive order also called for a 120-day ban on all refugees.



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