Page 6 - ARUBA TODAY
P. 6

A6   U.S. NEWS
                   Monday 27 January 2020

























            Three years later, Trump travel ban heads back to court




            By DENISE LAVOIE                                                                                                    they are only asking the ap-
            RICHMOND, Va. (AP) — Af-                                                                                            peals court to find — as U.S.
            ter the U.S. Supreme Court                                                                                          District  Court  Judge  Theo-
            upheld  President  Donald                                                                                           dore  Chuang  did  —  that
            Trump's  ban  on  travelers                                                                                         their  lawsuits  can  move
            from several predominantly                                                                                          forward  to  the  discovery
            Muslim  countries  in  2018,                                                                                        phase, when they will seek
            the ruling appeared to shut                                                                                         records from the Trump ad-
            down legal challenges that                                                                                          ministration  on  the  origins
            claimed  the  policy  was                                                                                           of the ban and how it has
            rooted in anti-Muslim bias.                                                                                         been  enforced  over  the
            But a federal appeals court                                                                                         last three years.
            in  Richmond  is  set  to  hear                                                                                     In  rejecting  the  govern-
            arguments  from  civil  rights                                                                                      ment's  motion  to  dismiss
            groups hoping to keep the                                                                                           the lawsuits, Chuang found
            challenges alive.                                                                                                   that the plaintiffs "have pro-
            The  4th  U.S.  Circuit  Court                                                                                      vided  detailed  allegations
            of  Appeals  will  hear  argu-                                                                                      for  why  the  (travel  ban)
            ments  Tuesday  in  three                                                                                           is  not  rationally  related  to
            lawsuits filed by U.S. citizens                                                                                     its  stated  national  secu-
            and  permanent  residents                                                                                           rity  interests  and  is  instead
            whose relatives have been                                                                                           grounded  in  the  illegiti-
            unable  to  enter  the  U.S.                                                                                        mate  and  unconstitutional
            because of the travel ban,                                                                                          purpose of disadvantaging
            which  was  first  imposed                                                                                          Muslims."
            shortly after Trump took of-  In this Jan. 29, 2017 file photo, demonstrators carrying signs chant as they protest outside of the   Jonathan  Turley,  a  profes-
                                         White House in Washington during a demonstration to denounce President Donald Trump's ex-
            fice in January 2017.        ecutive order banning travel to the U.S. by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia and   sor  at  George  Washing-
            The court is being asked to   Yemen.                                                                                ton  University  Law  School,
            decide  whether  a  federal                                                                        Associated Press  said  that  while  the  Muslim
            judge in Maryland made a                                                                                            groups  can  legitimately
            mistake when he refused to  and  public  statements,  in-  say  the  Supreme  Court  nior litigation attorney with  argue  that  the  Supreme
            dismiss constitutional claims  cluding  his  call  during  the  merely  rejected  a  prelimi-  the  Council  on  American-  Court  did  not  require  out-
            made  in  a  lawsuit  filed  by  presidential  campaign  for  nary  injunction  to  block  Islamic Relations.       right dismissal of their legal
            the  International  Refugee  "a complete and total shut-  the travel ban and did not  Federal    appeals   courts  challenges, the high court's
            Assistance  Project  despite  down  of  Muslims  entering  decide  the  merits  of  the  —  including  the  4th  Cir-  ruling  did  put  a  significant
            a 2018 U.S. Supreme Court  the United States."            constitutional  claims.  The  cuit  —  had  upheld  rulings  crimp in their arguments.
            ruling in a Hawaii case that  Trump  has  said  the  ban  is  plaintiffs  allege  the  travel  from  federal  judges  who  "It strikes me as willful blind-
            found the travel ban "a le-  aimed  at  making  the  U.S.  ban  violates  several  con-  blocked  the  travel  ban  ness to pretend the opinion
            gitimate  grounding  in  na-  safer  from  potentially  hos-  stitutional  rights,  including  from taking effect. But the  did not substantially under-
            tional security concerns."   tile foreigners.             the  First  Amendment's  Es-  Supreme Court came to a  mine these cases," he said.
            The Justice Department ar-   "The Court rejected the ar-  tablishment Clause prohib-   different conclusion.        "It's  very  difficult  to  read
            gues the high court's ruling  gument that the Proclama-   iting  the  government  from  The travel ban's third itera-  the Supreme Court opinion
            effectively  puts  an  end  to  tion  could  be  explained  favoring  one  religion  over  tion — now in effect— ap-  and  not  see  considerable
            the  legal  challenges.  In  a  only  by  anti-Muslim  bias,  another.                 plies  to  travelers  from  Iran,  support  for  the  arguments
            5-4 ruling, a sharply divided  and  held  instead  that  the  "The  Trump  administration  Libya,  Somalia,  Syria  and  of the administration."
            Supreme  Court  found  that  Proclamation was rational-   has  supplied  ample  and  Yemen.  It  also  affects  two  Justin Cox, an attorney with
            the  travel  ban  was  within  ly  grounded  in  legitimate  damning  evidence  of  its  non-Muslim     countries,  the  International  Refugee
            the  considerable  author-   national-security  concerns  discriminatory  intent,  time  keeping  out  travelers  from  Assistance   Project,   said
            ity  U.S.  presidents  have  and  foreign  policy  objec-  and  time  again,  so  we're  North  Korea  and  some  Muslim advocates will con-
            over immigration and their  tives,"  Justice  Department  hopeful  that  any  court  —  Venezuelan   government  tinue  to  try  to  prove  that
            responsibility  for  keeping  lawyers  argue  in  a  legal  any  fair-minded  observer  officials and their families.  the ban is unconstitutional.
            the  nation  safe.  The  court  brief.                    —  will  see  it  the  way  we  The groups suing the Trump  "I  understand  why  they
            rejected  claims  that  the  The Trump administration is  do,  that  it  is  a  Muslim  ban  administration  say  the  4th  want  us  to  go  away,"  he
            policy  was  rooted  in  anti-  asking the 4th Circuit to dis-  that's  aimed  at  the  Mus-  Circuit  is  not  being  asked  said.  "But  nothing  requires
            Muslim bias based in large  miss the lawsuits.            lim community and Islam,'"  to decide the merits of the  us to go away and we are
            part on Trump's own tweets  But  the  plaintiffs'  attorneys  said  Gadeir  Abbas,  a  se-  legal  challenges.  They  say  going to keep fighting."q
   1   2   3   4   5   6   7   8   9   10   11