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Trump's new travel ban blocked, challenged for discrimination, violation of Constitution

Trump's new travel ban blocked, challenged for discrimination, violation of Constitution”

A federal judge on Tuesday blocked the Trump administration from enforcing key parts of the president's latest set of travel restrictions.

Chuang issued on Wednesday a somewhat-less-complete halt on the ban than his counterpart in Hawaii did a day earlier.

U.S. District Judge Derrick Watson issued the ruling after the ban on a set of mostly Muslim countries was challenged by the state of Hawaii, which warned that the restrictions would separate families and undermine the recruiting of diverse college students.

Based on the history of the last seven months of litigation over Executive Order 13780, the Department of Justice can be expected to appeal Watson's ruling to the Ninth Circuit and, presumably, eventually to the Supreme Court.

Chuang said Trump's comments as a presidential candidate on Muslims and his tweets related to the ban helped convince him that the newest travel rules are an unconstitutional example of discrimination against Muslims. His ruling said the latest version discriminates based on nationality. Doing the exact bidding of the Muslim Association of Hawaii (MAH), he overturned the ban on only those countries that the MAH wanted to continue to import terrorists from.

The order, however, keeps the ban in place for travelers from North Korea, which sends very few visitors to the USA, and Venezuela, though only certain government officials from that country are subject to the ban.

Chuang, who was appointed by former president Barack Obama, ruled Trump's order was "inextricable re-animation of the twice-enjoined Muslim ban", according to The Washington Post. "Today is another victory for the rule of law".

In another respect, however, Judge Chuang limited his order against enforcement in a way that Judge Watson did not. The Venezuela provision only applies to a small number of government officials and their families, while only about 100 North Korean citizens entered the United States in 2016, many of them officials on diplomatic visas not covered by the ban. Just like its predecessors, Muslim Ban 3.0 violates the Constitution, federal statutes, and our bedrock values of religious neutrality and tolerance.

In the initial restraining order, Watson wrote, "A$3 reasonable, objective observer...would conclude that the Executive Order was issued with a goal to disfavor a particular religion". A judge in Seattle is also reviewing the measure.

French wrote that the judges' "job is to assess whether a policy is constitutional, not whether it's prudent or wise".

With each iteration of the travel ban, though, the Trump administration has worked harder to make its case for the latter. "And like the two before it, this one is going down to defeat in the courts". Instead, the Supreme Court - with the exception of Justice Sotomayor dissenting - granted the president a blank slate on a Muslim ban.

On June 26, 2017, the Supreme Court restored a degree of judicial order.

Here's the Supreme Court: The interest in preserving national security is "an urgent objective of the highest order". Bernie Sanders, I-Vt., who unsuccessfully sought the Democratic presidential nomination in 2016. It is not their job to correct policy blunders or to rescue us from policy failures.

The administration argued that the statements couldn't be considered once Trump took office and that courts were bound by law to confine their analysis of his orders to the contents of the document.



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