Published: Fri, June 16, 2017
National | By Miranda Cannon

Trump delays effective date of travel ban amid court battle

Trump delays effective date of travel ban amid court battle

According to Reuters, challengers to the ban had said in court papers that it should have expired on Wednesday, 90 days after the executive order was due to take effect on March 16. The Ninth Circuit decision also notes that courts should avoid making decisions on constitutional grounds when there's an alternative basis for a ruling. The Justice Department has appealed to the U.S. Supreme Court to review these decisions and make a final ruling, but the possibility exists that even if the Supreme Court agrees to hear this appeal, the timing of such a decision will render it moot. The court at some point questioned the authenticity of the travel ban.

The ruling also states: "A reasonable, objective observer - enlightened by the specific historical context, contemporaneous public statements and specific sequence of events leading to its issuance - would conclude that the executive order was issued with a goal to disfavor a particular religion". "The judges concluded that the president had failed to make a case that the order was actually necessary to protect national security, saying that was no "'talismanic incantation' that, once invoked, can support any and all exercise of executive power".

Under the amendment, the 90-day ban won't start until court orders now blocking it are lifted.

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The order also suspends the nation's refugee program for 120 days and imposes a new limit on the number of refugees accepted. A three-judge panel ruled in favor of Hawaii's challenge of the president's revised travel ban.

Other changes: travelers from the affected countries who are legal permanent residents of the United States, dual nationals who use a passport from another country and those who have been granted asylum or refugee status are exempt from the new order. The appeals court said Judge Watson had erred in barring the administration from conducting internal reviews of its vetting procedures while the case moved forward. I'm skeptical of that distinction, but in this case the judges seem to have taken him hyperliterally. The 4th Circuit's ruling took that question head-on, agreeing that the ban officially disfavored Islam-as evidenced by Trump's campaign statements calling for a "total and complete shutdown" on Muslims entering the US -and was thus unconstitutional.

The new Supreme Court brief, filed June 9 and signed by attorney Barnaby Zall, Allen Dickerson and Zac Morgan of CCP, said using Trump's campaign statements to fight the travel ban would damage the ability of future candidates to convey their messages to voters.

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