02/10/2017

Appeals Court to Rule on Travel Ban

No matter the outcome, an appeal to the U.S. Supreme Court is likely

A federal appeals court is expected to render a decision this week on President Trump’s controversial travel ban, though no matter how the Court of Appeals for the Ninth Circuit rules, an appeal to the U.S. Supreme Court is likely.

The three-judge federal appeals panel heard oral arguments Tuesday on the government’s request to lift a district court ruling that blocked Trump’s executive order that bans travelers entering the U.S. from seven mostly Muslim countries.

During the hearing this week, all three judges assigned to the case appeared to have concerns with aspects of the executive order, which disrupted travel and drew protests at airports across the country when it was rolled out at the end of January. The appeals panel questioned whether the administration had any evidence of heightened risk that would warrant the ban, and whether the executive order violated constitutional protections against religious discrimination.

The line of questioning from the appeals panel prompted President Trump to vent publicly that even “a bad student in high school” would support his executive order.

“We want security,” Trump said at a Major Cities Chiefs Association meeting in Washington on Feb. 8. “One of the reasons I was elected was because of law and order and security. And they’re taking away our weapons, one by one. That’s what they’re doing. And you know it and I know it.”

Trump also derided the federal judge in Seattle who block his order as a “so-called judge” and vowed that the ruling would be overturned.

Democrats on the House Judiciary Committee said President Trump’s “inflammatory” criticisms of judges were inappropriate. “An independent judiciary is fundamental to our constitutional system of checks and balances, created by the founders to protect all of our rights and liberties,” said House Judiciary Committee Ranking Member John Conyers (D-MI), along with Rep. Steve Cohen (D-TN) and Rep.  Jerrold Nadler (D-NY). “Once again, President Trump has made inflammatory statements that threaten the very legitimacy of our judicial branch.”

Trump’s executive order indefinitely bars Syrian refugees from entering the United States, suspends all refugee admissions for 120 days and bans citizens of seven Muslim-majority countries from entering the U.S. for 90 days. The seven countries are Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

ASAE last week noted that the travel ban was already beginning to affect international attendance at some upcoming association conferences. ASAE issued a statement about the ban on Jan. 30 asserting that while the need for strong airport screening procedures is valid, it needs to be balanced with the need for policies that facilitate legitimate travel to the U.S.

This article was provided to OSAE by The Power of A.