As Trump returns from his nine day trip abroad a federal appeals court in Richmond, Virginia, has refused to lift a nationwide injunction that halted a key provision of Donald Trump’s revised travel ban on six predominantly Muslim nations.
This ruling is being considered the most consequential setback Trump's bill has suffered in its attempts to instate the ban.
The ruling, rendered by 13 judges on the U.S. Court of Appeals for the 4th Circuit, has deemed the case important enough to skip the usual three-judge process that many cases go through and went right to the ruling.
U.S. Chief Circuit Judge Roger Gregory wrote that the wording in Trump's executive order...
“speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination. Congress granted the President broad power to deny entry to aliens, but that power is not absolute. 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.”
This damning rebuttal for the most part mirrors the original block on the travel ban.
Ten of the judges who heard the case, all of them luckily appointed by Democratic presidents, voted to keep Trump’s travel restrictions on hold.
While not every judge in the majority agreed with Judge Roger Gregory conclusion, they did however agree that Trump’s executive order most likely violated the Constitution’s establishment clause, which forbids the government from expressing religious preferences.
For example, U.S. Circuit Judge Stephanie Thacker, an Obama appointee, said that as a candidate, Trump had yet to take an “oath to preserve, protect and defend the Constitution,” and thus was at liberty to make wild campaign promises. But once he took office, everything he or his administration said or did was fair game.
So in other words it was Trump's big mouth that, in the end, did in his Muslim ban.
Notably there were three dissenting judges, all Republican appointees, who wrote separate opinions condemning the ruling. They, for the most part, agreed that upholding the injunction would put the nation’s safety at risk from those who would travel to the US from this predominantly Muslim nations.
In any event this decision clears the way for Trump to appeal to the Supreme Court, a move Trump promised when the first version of the travel ban was shot down.
Let's see if Donald pulls the trigger this time around.