President’s statements at heart of challenge to travel ban

[Draggingtree]

Scotus

Amy Howe Reporter and Independent Contractor

Posted Mon, May 8th, 2017 9:59 pm

President’s statements at heart of challenge to travel ban

The U.S. Court of Appeals for the 4th Circuit heard oral argument today in a challenge to the executive order signed by President Donald Trump on March 6. Citing the need to “protect the Nation from terrorist activities,” the order temporarily suspended new visas for travelers from six Muslim-majority countries – Iran, Libya, Somalia, Sudan, Syria and Yemen – as well as the admission of refugees into the United States. The March 6 order replaced a January 27 order that stalled in the federal courts, but a federal trial judge in Maryland put the new order on hold as well, leading to today’s appeal by the federal government. Lawyers representing the federal government and the challengers faced tough questions from virtually all of the 13 judges who participated in today’s hearing. When Chief Judge Roger Gregory finally gaveled the hearing to a close after more than two hours of argument, the challengers had reason to be optimistic, although the appeals court is likely to be sharply divided.  

[Draggingtree]

Trump’s Travel Ban Has Nothing To Do With The First Amendment

The furor over Trump’s executive order on immigration isn’t about the Constitution. It’s about liberals’ contempt for Trump.

 

By John Daniel Davidson

MAY 9, 2017

President Trump’s executive order on immigration was back in federal court on Monday. This time around, the Fourth U.S. Circuit Court of Appeals heard oral arguments in the Trump administration’s appeal of a ruling that blocked the travel ban. Next Monday, the Ninth Circuit will hear a separate appeal related to the order.

 

The White House has maintained that a temporary ban on entry from six Muslim-majority countries is needed for national security reasons. Detractors say the ban is meant to target Muslims, and point to statements Trump made on the campaign trail last year calling for “a total and complete shutdown of Muslims entering the United States.” Therefore, the argument goes, the executive order amounts to religious discrimination and violates the First Amendment’s Establishment Clause.

The 13-judge en banc panel of the Fourth Circuit appeared to take this argument seriously on Monday, with one judge asking if there was “anything other than willful blindness” that should prevent the court from considering Trump’s comments.   http://thefederalist.com/2017/05/09/trumps-travel-ban-has-nothing-to-do-with-the-first-amendment/