U.S. court says Trump travel ban unlawfully discriminates against Muslims

[DonViejo]

Source: Reuters




FEBRUARY 15, 2018 / 11:04 AM / UPDATED 16 MINUTES AGO

Lawrence Hurley

WASHINGTON (Reuters) - President Donald Trump’s travel ban targeting people from six Muslim-majority countries violates the U.S. Constitution by discriminating on the basis of religion, a federal appeals court ruled on Thursday in another legal setback for the policy.

The Richmond-based 4th U.S. Circuit Court of Appeals, on a 9-4 vote, became the second federal appeals court to rule against the ban, which was put in place by Trump with a presidential proclamation in September. The U.S. Supreme Court has allowed the ban to go into effect while litigation challenging it continues.

The 4th Circuit ruling went further than the earlier decision by the San Francisco-based 9th U.S. Circuit Court of Appeals, which found the ban violated federal immigration law but did not address the question of whether it violated the Constitution. The Supreme Court already has said it will consider both issues in deciding the legality of the ban in the coming months.

The justices are due in April to hear arguments over the ban and issue a ruling by the end of June.


Read more: https://www.reuters.com/article/us-usa-court-immigration/u-s-court-says-trump-travel-ban-unlawfully-discriminates-against-muslims-idUSKCN1FZ23U?il=0

[Hermit-The-Prog]

1. illegitimate supreme court will overrule

The Supreme Court, stacked by Komrad McConnell and TrumPutin, will rubber-stamp the ban and chastise both appeals courts.

[7962]

2. I really dont see how this would hold up.

The ban isnt on ALL muslim countries, nor does it only ban muslims from the countries on the list; EVERYONE is banned. Yes, they're majority muslim, but isnt there a travel ban on N Korea? Is that discriminating against Koreans?
Now he could still be stupid enough to write a ban that targets all muslims, then there would be a case.
Pres Obama had a ban in place on several countries for a period of time too, IIRC.

[elleng]

4. 'unconstitutionally tainted with animus toward Islam,'

[BumRushDaShow]

5. But the problem is that this specific E.O.

targets countries with majority-Muslim populations and despite one section in there claiming it had nothing to do with religion, the justification for each country listed in the E.O. goes on to discuss the religion-oriented groups in those countries and their history of terrorism. Thus with the E.O. banning every single person coming from those countries, it implies that everyone in those countries is also a "terrorist", including refugees fleeing terrorism themselves. Meanwhile there was silence regarding Basque separatists in Spain for example who had been carrying out terrorist acts for almost 50 years (and who finally gave up just this past year to start peace talks).

[7962]

6. Well, that sounds a helluva lot more detailed than what I had!!!

[BumRushDaShow]

7. Here is the E.O.

https://www.whitehouse.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states-2/

[elleng]

3. 'finding that the Republican presidents own words demonstrated that bias

against Muslims was the basis of the policy. . .

“Examining official statements from President Trump and other executive branch officials, along with the proclamation itself, we conclude that the proclamation is unconstitutionally tainted with animus toward Islam,” 4th Circuit Chief Judge Roger Gregory wrote in the ruling.

The travel ban challengers “offer undisputed evidence of such bias: the words of the President,” Gregory wrote, noting Trump’s “disparaging comments and tweets regarding Muslims.”

As a candidate, Trump promised “a total and complete shutdown of Muslims entering the United States.” The court also took note of the fact that Trump in November shared on Twitter anti-Muslim videos posted by a far-right British political figure.'

[syringis]

8. Apart from the legal issues, I thought it was order meant for 90 days ?

It is now over a year. Why is it still applied ?