15:06, May 25 378 0 abajournal.com

2017-05-25 15:06:04
Trump’s travel ban ‘drips with religious intolerance,’ says en banc appeals court; injunction sticks

The appeals court affirmed the nationwide preliminary injunction, but said the district court had erred by issuing the injunction against the president himself.

Both stories predict the case will likely reach the U.S. Supreme Court.

Chief Judge Roger Gregory wrote the majority opinion. The executive order “speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination,” he wrote.

Gregory said the revised order likely violated the establishment clause, an “untiring sentinel” for the principle that the government may not favor or disfavor one religion over another. “Congress granted the president broad power to deny entry to aliens, but that power is not absolute,” he said. “It cannot go unchecked when, as here, the president wields it through an executive edict that stands to cause irreparable harm to individuals across this nation.”

The revised order bans for 90 days new visas for travelers to the United States from six Muslim-majority countries—Iran, Libya, Somalia, Sudan, Syria and Yemen. The previous visa ban had included Iraq, but it is no longer on the list because of its efforts against ISIS. The revised order also imposes a 120-day ban on refugees.

Related article:

ABAJournal.com: “DOJ lawyer tells 4th Circuit that Trump’s travel order ‘is not a Muslim ban’