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Trump vows appeal up to Supreme Court after loss on travel ban

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A defiant President Donald Trump has pledged to appeal to the U.S. Supreme Court if necessary to fight for his revised travel ban, parts of which were halted by two different federal judges in recent days.

The legal path forward will be challenging, though, as lawsuits work their way through federal courts on opposite sides of the country, in Hawaii and Maryland. On Thursday, a federal judge in Washington state said he was also weighing a temporary restraining order.

The Justice Department’s first step would likely be filing an appeal in either or both of the cases it lost this week, an action likely to come within days. Justice Department spokeswoman Sarah Isgur Flores declined to comment on the administration’s intentions.

In granting a temporary restraining order against the ban challenged in a lawsuit brought by the state of Hawaii, U.S. District Judge Derrick Watson found on Wednesday that “a reasonable, objective observer … would conclude that the executive order was issued with a purpose to disfavor a particular religion.”

Trump’s executive order would temporarily ban refugees as well as travelers from six predominantly Muslim countries. The president has said the ban is needed for national security.

Early on Thursday, U.S. District Judge Theodore Chuang issued a nationwide preliminary injunction in a case in Maryland brought by refugee resettlement agencies represented by the American Civil Liberties Union and the National Immigration Law Center.

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Chuang ruled that the groups were likely to succeed in showing that the travel ban portion of the executive order was intended to be a ban on Muslims, and as a result, violates the U.S. Constitution’s religious freedom guarantee. He did not enjoin the refugee portion of the ban.

“To avoid sowing seeds of division in our nation, upholding this fundamental constitutional principle at the core of our nation’s identity plainly serves a significant public interest,” Chuang wrote in his ruling.

The court orders, while victories for the plaintiffs, are only an early step in litigation and the government could ultimately win its underlying case. Watson and Chuang were appointed to the bench by former Democratic President Barack Obama.

Trump, speaking after the Hawaii ruling at a rally in Nashville on Wednesday, called his revised executive order a “watered-down version” of his first.

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The president said he would take the case “as far as it needs to go,” including to the Supreme Court, in order to get a ruling that the ban is legal.

The Trump administration won a small legal victory later on Thursday.

U.S. District Judge James Robart in Seattle, who last month blocked Trump’s first travel ban, ruled that the second travel ban was different enough from the first that he would not simply apply a preliminary injunction he issued against the first ban to the second one. He said he was weighing a request for a temporary restraining order on the new travel ban.

The likely next stops if the administration decides to contest the two rulings that it lost this week would be the 4th and 9th U.S. circuit courts of appeal. Both may be frosty venues for Trump’s arguments, with majorities of the judges in each appointed by Democratic presidents.

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Three judges on the 9th Circuit upheld Robart’s order last month on the first travel ban. Rather than appeal further, the administration withdrew the ban, promising to retool it in ways that would address the legal issues.

The Supreme Court is currently split between four conservative and four liberal justices, with no ninth justice since the death of Antonin Scalia more than a year ago.

Trump’s nominee to fill the vacant Supreme Court seat, Neil Gorsuch, a 49-year-old conservative, is likely to be asked about the travel ban next week when he goes before the Senate Judiciary Committee for a confirmation hearing.

Republicans are hoping that the Senate votes to confirm Gorsuch for the court by mid-April, which would likely be too late for him to weigh in on an emergency appeal about the travel ban.

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Trump signed the new ban on March 6 in a bid to overcome legal problems with his January executive order, which caused chaos at airports and sparked mass protests before Robart stopped its enforcement in February.

Watson’s order is only temporary until the broader arguments in the case can be heard. He set an expedited hearing schedule to determine if his ruling should be extended.

(Reporting by Dan Levine in Honolulu, Mica Rosenberg in New York and Brendan O’Brien in Milwaukee; Writing by Dan Whitcomb in Los Angeles and David Ingram in San Francisco; Editing by Toby Chopra and Leslie Adler)

Report typos and corrections to [email protected].
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2020 Election

Here are 5 reasons why 2020’s down-ballot races could reshape America’s future

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The political press always tends to focus mostly on the marquee race for the White House but that's especially true this cycle, as Donald Trump runs for a second term. He demands attention and his antics enrage his opponents and delight his supporters in equal measure.

But national reporters risk missing the big picture by centering so much of their reporting at the top when many of the most important political battles in 2020 will take place further down the ballot.

Trump is catnip for reporters and their editors, but the dearth of coverage of downballot races didn't begin with his election. As the news media in general faces structural changes—with print circulation declining and much of their work moving into digital spaces that are more difficult to monetize--publishers have cut back on reporters assigned to the state and local government beat. Nevertheless, Trump has arguably worsened the trend by getting so much airtime— one estimate suggested that over the past four years, Trump has taken up, on average, 15 percent of the entire daily news cycle on the three leading cable networks, nearly three times what Obama did.

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2020 Election

WATCH: Katie Porter explains to constituents why her conscience demands support for Trump impeachment inquiry

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Congresswoman Katie Porter, in a video posted on social media Monday night, shared with residents of her purple California district why she is joining dozens of other Democrats who support launching an impeachment inquiry against President Donald Trump.

"I didn't come to Congress to impeach the president," said the first-term representative. "But when faced with a crisis of this magnitude, I cannot with a clean conscience ignore my duty to defend the Constitution. I can't claim to be committed to rooting out corruption and putting people over politics and then not apply those same principles and standards in all of the work I do."

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2020 Election

Bernie Sanders calls fact that minimum wage worker cannot afford 2-bedroom apartment in any US state ‘a national disgrace’

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For a decade, U.S. lawmakers have kept the federal minimum wage at a level which increasingly leaves workers unable to afford housing.

That's according to a report from the National Low Income Housing Coalition (NLIHC). The group's 30th annual study of housing affordability found that a worker earning the federal minimum wage of $7.25—which is unchanged since 2009—cannot afford to rent a modest two-bedroom apartment in any state, metropolitan area, or county in the United States.

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