Trump Administration Appeals Hawaii Travel Ban Ruling


The Trump administration's best bet for saving the travel ban is to have the case go before the U.S. Supreme Court, said Richard Primus, a professor of constitutional law at the University of MI law school.

Hawaii Attorney General Doug Chin says there is likely to be an appeal by the Department of Justice of the ruling by a federal judge in Hawaii who extended his previous block of President Donald Trump's revised travel ban.

While Watson wrote in the his ruling that Department of Justice attorneys have repeatedly asked him to "not to look beyond the four corners of the Executive Order", the judge once more pointed to the Trump administration's record of promising to ban Muslims from the United States as evidence of the executive order's discriminatory intent.

State Attorney General Chin also took the opportunity to slam the president, saying in his arguments, "We can not fault the president for being politically incorrect, but we do fault him for being constitutionally incorrect". The appeals court that blocked the first order faulted the Trump administration for not giving an adequate explanation for why it singled out people from the targeted nations.

President Trump's executive order on 6 March would have placed a 90-day ban on people from Iran, Libya, Somalia, Sudan and Yemen and a 120-day ban on refugees.

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In a swift reaction, the United States Justice Department said it will continue to defend the executive order.

The ruling will stay in place until the lawsuit is resolved and won't be suspended if the government appeals, Watson said. The state of Hawaii argued that the ban hurts the state's tourism department and discriminates against Muslims, with Chin calling it a neon sign that flashes "Muslim ban".

Early on Thursday, Hawaii District Court Judge Derrick Watson extended his order that blocked Trump's executive order-a revised version of the order restricting travel from six Muslim majority countries and suspending the USA refugee resettlement program-on the grounds that is is unconstitutional. This should have removed any justification for calling the order a ban on Muslims, but judges Watson and Chuang were still not satisfied with the revised language.

But the USA government has argued that the travel ban is within its purview because it aids in the country's national security. Trump has said the travel ban is needed for national security.

The best-case scenario for the administration, at this point, is for the Fourth Circuit to overturn the Maryland judge's order and rule in Trump's favor.

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The travel ban prohibits citizens of six Muslim-majority countries from entering the US.

The president is asking the 4th U.S. Circuit Court of Appeals to put the ruling by the judge in Maryland on hold while it considers the case.

Watson also cited Trump's remark at a March 15 rally that the new travel ban was "a watered-down version of the first one".

Oral arguments are scheduled for May 8 in the 4th Circuit, which hears cases from nine federal district courts in Maryland, Virginia, West Virginia, North Carolina and SC. The 4th Circuit hearing is set to begin May 8.

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