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.
Yeah. Sad. Why do we even have elections anymore? Look at what judges did to California.
Someday, someone is going to have to stand up to them and just say NO.
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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.
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No, the solution is to use the bully pulpit to relentlessly pound and pressure Congress to do ITS F* job and start impeaching judges for activism and violating their oath of office.
Where the hell in the Constitution does it say that Americans cannot prevent being overrun by terrorists? I must have missed that. BTW: Has Virginia legalized marijuana or are these activist, liberal “judges” just brainless morons?
Fake judges. They have to be because they sure don’t rule on law. They are merely political operatives in robes.
[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.]
Talk about reaching. What an embarrassment.
I agree. There was also suggestions on other threads imagining what if patriots began um..m having meetings with certain judges and ah... convincing them to retire from the bench?
Not what I’m saying of course, but I’ve read it elsewhere.
Agreed. These judges have way too much power.
I’m in Virginia too.
Which nations Constitution are they referring to,certainly not the USA.
These scumbag judges apparently believe that they are above the law and can override our country’s laws, the Supreme Court and the President of the United States of America.
These stinkin’ judges belong in jail. All of them!
Why is there no penalty when these baboso judges are obvious stoopids?
This too will be overturned making this jurist to look the fool.
Course said baboso is a fool
Trump needs to continue doing what he is doing.
It's Congress that is supposed to be the check on the judges, not the executive branch. Congress does need to impeach some judges.
<>The Maryland ruling was made by U.S. District Judge Theodore D. Chuang. Like Watson, he determined that Trump's executive order was "the realization of the long-envisioned Muslim ban" and also pointed to comments made by Trump throughout his campaign.
In the Hawaii ruling, U.S. District Judge Derrick Watson issued a nationwide halt to the ban that would have barred new visas and prevented the admission of new refugees. It was a stinging rebuke of Trump's second attempt to institute the controversial order just hours before it was to take effect.
https://www.usatoday.com/story/news/world/2017/03/16/
trump-travel-ban-targeting-muslim-countries/99244568/
See #56
i agree totally. Trump is doing great. If he stays away from ivanka and the kurshner clutz he may make it!! But we dont need the maudlin “do good{ crap!!
PING
To #56.
Thanks, ptsal.
You blurt this impeach nonsense as it’s just so easy. It takes what 3/4 of the Senate to impeach a judge?
Good luck with that, it’ll never happen so let’s save the comment and revert to yes Trump should ignore these rulings and go to the mic and actually proclaim it
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