Travel Ban proceedings

 

Yesterday, February 7, 2017, Judges William Canby Jr., a Jimmy Carter appointee, Michelle Friedland, a Barack Obama appointee, and Richard Clifton, a George W. Bush appointee, heard the government’s stay motion and are expected to render a decision by the end of the week.
Canby and Friedland joined to initially deny the government’s request for an immediate stay of the lower court ruling by Judge James Robart, who issued a nationwide hold on President Trump’s travel moratorium for individuals travelling from 7 countries  <link href=”http://static.bbci.co.uk/news/1.174.01291/icons/generated/icons.fallback.css” rel=”stylesheet”>

for 90 days: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.  This ban also suspends refugee arrivals. Robart was an appointee of President George W. Bush and ruled in favor of the state of Washington’s challenge to the executive order, which was joined by Minnesota.

The above states filed a brief early Monday challenging the ban, and the three-judge panel asked the federal government to reply by 3 p.m. Monday. The states argued that the stay was unconstitutional in that it discriminated based on religion. When the government was asked what their basis was for the irreparable harm to the nation based on which such discrimination could be justified, the government replied “The President thought there was irreparable harm.” If this court denies the government’s request for a stay of the lower court’s ruling to put a hold on the travel ban, the government’s next stop will be the US Supreme Court. If not anything the Trump government is keeping lawyers busy!
For a very poignant account of the travel ban’s impact, listen to this podcast of Ira Glass’ “This American Life”
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