Posted on 02/15/2018 11:52:32 AM PST by EdnaMode
A divided 4th U.S. Circuit Court of Appeals on Thursday held as unconstitutional President Donald Trump's anti-terrorist travel ban from eight countries, six of them majority-Muslim with a total population of 150 million.
In a 9-4 vote, the Richmond-based court upheld a Maryland district judge's preliminary injunction against the ban taking full effect and ruled that the travel restrictions violate the Constitution's Establishment Clause, which bars the government establishment of a religion.
“In sum, the face of the Proclamation, read in the context of President Trump’s official statements, fails to demonstrate a primarily secular purpose. To the objective observer, the Proclamation continues to exhibit a primarily religious anti-Muslim objective,” says the majority opinion.
The court stayed its decision pending the U.S. Supreme Court's decision in a Hawaii case. Last May, the Richmond-based court upheld an injunction against that version of the travel ban in a 10-3 vote.
Carl Tobias, a professor at the University of Richmond School of Law, said it appears the U.S. Supreme Court may combine this case with one from Hawaii in which a judge ruled against the ban in a decision affirmed by the 9th U.S. Circuit Court of Appeals. The 9th Circuit found the new restrictions failed on statutory grounds, while the 4th Circuit found it violated the Constitution.
Cecillia Wang, a lawyer with the American Civil Liberties Union who argued the case before the appeals court in December, said in a statement Thursday that, “We will continue this litigation until the Muslim ban is ended once and for all.”
“The Constitution prohibits government actions hostile to a religion," she said.
The new restrictions are aimed at immigrants and visitors from Chad, Iran, Libya, Somalia, Syria, and Yemen, all majority Muslim, as well as North Korea and some Venezuelan officials.
What the judges are trying to do is provoke President Trump into ignoring them and enforcing his rule, which they would call being in contempt of court and would file impeachment charges against him.
Indeed, they have.
Wonder if FBI “intent” was important to the fed judge who approved the FISA? Clearly some in the FBI had a vendetta.
“Let the court enforce its order. Good luck “
Thus far Trump has shown no willingness to ignore one of these rulings no matter how ridiculous they are. They keep this crap up until he does.
We won, why are we being run by judges? I did not vote for judges. This did not happen with Obama and I am sick of it. Anything to allow the ruin our country to continue. It is the Obama way.
These courts do not have the right to interfere in these issues.
I would like to see someone tell them to go to hell.
The muslims come with their own constitution, Sharia.
Their objective is global domination by the pirates.
Fact is, they are enemy combatants; invasive, occupying enemy combatants with one goal, to overture our constitution and supplant it with islam.
Would we allow Hilter youth groups to set up permanent camps at the height of WW2?
I think the answer is definitely no! out of Self defence.
Self defence of our constitution, self defence of our nationhood.
IslamoNazis are no different.
All of them need to be expelled, the dangerous rounded up an gitmo’d
This is getting beyond ridiculous.
The solution is for the Executive Branch to stop going to the appeals court, and just ignore them as the Supreme Court has ruled overwhelmingly - twice.
It’s the only thing that will make the lower courts stop hearing the cases (that is, unless Congress starts doing its job and sending notices to the black-robed, wanna-be tyrants)
I moved out of Maryland as it was a sh!thole and to Richmond. Now Virginia is becoming a sh!thole. What states are worth moving to (no personal property tax)?
Trump is a great american trying to respect the courts. I appreciate that but i assure you the communists wont do that.
“The Constitution prohibits government actions hostile to a religion,” she said.
Wow. A whole lot of Christians are going to be thrilled to hear that!
Who do these people think they are?
answer -— god
The travel ban on countries where terrorists come from did not establish a religion. What insanity.
Trump can’t clean up the judiciary fast enough.
Curious that they never mention a no travel ban from Indonesia, with the world's largest Muslim population. What about India and others with huge Muslim populations?
They have a problem with not allowing entry of North Koreans? The liberal/socialist democrats have shown they actually do have a mental disorder. There is no cure for the lack of commonsense of the Dims. Even grade school children learn some playground kids are just bad news.
Ever think federal judges should face re-appointment if their decisions are overruled by higher authority say 3 times in one year?
I’m getting so damn tired of these dictators in black robes that are accountable to noone once in office. I know, the Congress can impeach these political judges, but that is essentially noone since Congress doesn’t have the backbone to do anything and the Dems in Congress would just obstruct any attempt to bring these dictators in line with the Constitution.
This is what happens when you do not challenge their authority. Trump should have ignored their first attempt and forced them to appeal.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Amendment I doesn’t apply to the President, only to Congress.
It goes further than that imho. When the tenet of a religion is used by some of its adherents to justify a political movement (jihad) then it’s no longer a matter of religion. Say a movement arose among European Catholics to force Protestants back into the mother church, and used suicide bombing and flying planes into buildings as tactics. There would be no religious basis to restrict immigrants from predominately Catholic countries if those nations produced the most violent terrorists. It would be political.
or protests taking action against foreign
Hasn’t the Supremes already ruled on this?
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