Appeals Court Slaps Down Donald Trump

In yet another setback for the Trump administration, a federal appeals court in Richmond, Virginia, on Thursday refused to lift a nationwide injunction that halted a key provision of President Donald Trump’s revised travel ban on six predominantly Muslim nations. Court of Appeals for the 4th Circuit which deemed the case important enough to skip the usual three judge process that the vast majority of cases go through. Chief Circuit Judge Roger Gregory wrote that the text of Trump’s executive order, which was challenged in courts across the countryfor targeting members of a particular faith, “speaks with vague words of national security, but in context drips with religious canada goose parka outlet uk intolerance, animus, and discrimination.”

Canada Goose Parka “Congress granted the President broad power to deny entry to aliens, but that power is not absolute,” Gregory wrote in a ruling that largely upheld the original block on the travel ban. canada goose uk site “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.” Canada Goose Parka

Ten of the judges who heard the case, all of them appointed by Democratic presidents, voted to keep Trump’s travel restrictions on hold. Of the 10, Gregory had the court’s majority decision and four of his colleagues issued individual opinions that offered different grounds, some narrower than others, for concluding that the travel ban is likely invalid under immigration law and the Constitution. Circuit Judge James Wynnin a concurrence. and it is unconstitutional under the Establishment Clause.”

Canada Goose Jackets The three dissenting judges, all canada goose outlet vancouver Republican appointees, wrote separate opinions condemning the ruling, each offering different reasons why Trump’s executive order is lawful. Circuit Judge Dennis Shedd, lamented “the larger ramifications of this decision”for the nation’s safety. Canada Goose Jackets

“Regrettably, at the end of the day, the real losers in this case are the millions of individual Americans whose security is threatened on a daily basis by those who seek to do us harm,” Shedd wrote.

canada goose uk shop The watered down version which removed Iraq from the list of barred countries and eliminated the ban on Syrian refugees no longer applied to permanent residents and had a delayed rollout, all in hopes of avoiding the detentions, chaos and protests unleashed by the first order. canada goose uk shop

canada goose clearance sale These tweaks were intended to make the travel ban more palatable to the courts. But Trump’s campaign promises and anti Muslim canada goose outlet paypal sentiment kept dogging the administration, and federal judges in Hawaii and Maryland couldn’t help but take that history into account in assessing the travel ban’s legality. Both courts concluded that Trump’s own words, and those of his canada goose outlet mississauga surrogates, tainted the executive order with unconstitutional animus against a religious group. canada goose clearance sale

canada goose coats And the 4th Circuit went right along. canada goose coats

cheap canada goose uk “We cannot shut our eyes to such evidence when it stares us in the face, for there’s none so canada goose outlet store uk blind as they that won’t see,” Gregory wrote. “If and when future courts are confronted with campaign or other statements proffered as evidence of governmental purpose, those courts must similarly determine, on a case by case basis, whether such statements are probative evidence of governmental purpose.” cheap canada cheap canada goose goose uk

Not every judge in the majority agreed with that conclusion, even if they agreed that Trump’s executive order likely violates the Constitution’s establishment clause, which forbids the government from expressing religious preferences. 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.

cheap Canada Goose “Once a candidate becomes President, however, the Constitution vests that individual with the awesome power of the executive office while simultaneously imposing constraints on that power,” Thacker wrote. Circuit Judge Paul Niemeyer, a conservative, warned that the 4th Circuit’s focus on Trump’s past statements was creating a “new rule” unsupported by prior precedents all but telegraphing to the Supreme Court that they should correct the error. Anything less, he said, would give future plaintiffs “a sword” to wield religious challenges to government action, and may leave Trump powerless to implement similar executive orders at all. cheap Canada Goose

Canada Goose online “Government officials will avoid speaking about religion, even privately, lest a court discover statements that could be used to ascribe a religious motivation to their future actions,” Niemeyer wrote. “And, in the more immediate future, our courts will be faced with the unworkable task of determining when this President’s supposed religious motive has sufficiently dissipated so as to allow executive action toward these or other majority Muslim countries.” Canada Goose online

buy canada goose jacket The next stop for the case, as Trump has often boasted, is the Supreme Court itself. canada goose factory outlet toronto location And when that happens, it is not an understatement to say the dispute will canada goose victoria parka outlet set up one of the biggest presidential showdowns the justices will decide in modern history. “The President is not canada goose outlet hong kong required to admit people from countries that sponsor or shelter terrorism, until he determines that they can be properly vetted and do not pose a security risk to the United States.” buy canada goose jacket.

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