By: Justin Dominic
President Trump’s revised executive order on the travel ban has been rejected yet again by the federal court.
The ban denies entry to refugees from predominantly six Muslim countries in the middle east which includes Syria, Iran, Iraq, Libya, Sudan, Somalia and Yemen.
The three-judge panel of the Ninth Circuit Court of Appeals had used president trump’s tweets against him just as the previous courts did. Trump, known for his famous tweets which are now confirmed to be official statements by Sean spicer tweeted earlier this week stating,
That's right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won't help us protect our people!
— Donald J. Trump (@realDonaldTrump) June 6, 2017
The executive order 13769, originally titled ‘Protecting the Nation from foreign terrorist entry into the United States’ was proposed in January 2017 and has been blocked by various courts until today.
Following their decline the court wrote, ‘We conclude that the President, in issuing the Executive order, exceeded the scope of the authority delegated to him by Congress. Immigration, even for the President, is not a one-person show’.
The panel had largely affirmed District Judge Derrick Watson’s decision from March which recognized that the ban likely violated the Constitution because its primary purpose was to disfavor Muslims, but on slightly different grounds.
Regarding the outcome, attorney general Jeff Sessions was quite upset and immediately voiced his concern on Monday night in a press conference stating, “President Trump knows that the country he has been elected to lead is threatened daily by terrorists who believe in a radical ideology, and that there are active plots to infiltrate the U.S. immigration system – just as occurred prior to 9/11.”
The ninth circuit and the three-judge panel has claimed that there has not been sufficient justification in favour of the ban from the Trump government, moreover the panel was persuaded by statutory claims under the federal Immigration and Nationality act.
“In conclusion, the order does not offer a sufficient justification to suspend the entry of more than 180 million on the basis of nationality,” the panel wrote.
The travel ban has stirred the interest of media personalities on twitter who retweeted to Trump with many statements in addition to smirky facts.
You would think after getting your Unconstitutional Travel Ban denied six times, you would read the Constitution.
— Tony Posnanski (@tonyposnanski) June 13, 2017
! 9th Circuit cites Trump's travel ban tweet, & Spicer's answer that Trump's tweets are official statements, in its ruling against the ban pic.twitter.com/qP9EZ2YmzD
— Bradd Jaffy (@BraddJaffy) June 12, 2017
However, the Trump administration has a small score on their board as the court limited the scope of U.S. District judge Derrick Watson’s ruling on ‘inter-agency review of foreign countries’ vetting procedures’.
Steve Vladeck, CNN legal analyst and professor at the University of Texas School of Law told CNN, “By holding that the district court was wrong to block the executive order’s internal review procedures, the court of appeals allowed that review to go forward — and, in the process, took away one of the arguments the government had been making in the Supreme Court for why the Hawaii order should be overturned.”
The administration appealed the Fourth Circuit ruling to the Supreme Court, which set a Monday deadline for challengers of the travel ban to deny a request to allow the ban to go into effect immediately.
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