Today three judges on the 9th U.S. Court of Appeals delivered what some are calling a death blow as they upheld a block on Trump’s Muslim ban.
The court's ruling says...
“The President recently confirmed his assessment that it is the ‘countries’ that are inherently dangerous, rather than the 180 million individual nationals of those countries who are barred from entry under the President’s ‘travel ban,’”
The ruling went on to say that Trump’s executive order...
“does not provide a rationale explaining why permitting entry of nationals from the six designated countries under current protocols would be detrimental to the interests of the United States." And that the order “does not tie these nationals in any way to terrorist organizations within the six designated countries. It does not identify these nationals as contributors to active conflict or as those responsible for insecure country conditions. It does not provide any link between an individual’s nationality and their propensity to commit terrorism or their inherent dangerousness.”
What is most gratifying about their ruling is that the court cited one of Trump’s own tweets in upholding the block. All because the White House acknowledged last week that they can be considered “official statements” of the administration.
The judges then quoted from a Trump tweet dated June 5 in which he said the U.S. needs...
“a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won’t help us protect our people!”
Here is that tweet...
It's called irony.
Unlike the Fourth Circuit Court of Appeals, which shot down Trump's revised travel ban on constitutional grounds last month, the Ninth Circuit was persuaded by statutory claims under the federal Immigration and Nationality Act.
This essentially means that the federal immigration law requires that Trump can exercise his authority only after meeting the precondition of finding that entry of an alien or class of aliens would be detrimental to the interests of the United States. Apparently he did not.
Trump and the Department of Justice have continued to maintain that he has every right to temporarily suspend entry by certain foreign nationals and refugees, and that the executive order he issued has nothing to do with the “Muslim ban” he proposed as a candidate.
Trump’s words have been cited in court multiple times as evidence that the order is based on religious animus, which was part of the U.S. Court of Appeals for the 4th Circuit’s opinion slapping down the order back in May.
Both that ruling and today’s 9th Circuit opinion are likely to go before the Supreme Court.