Trump Administration Asks SCOTUS to Reinstate 'Muslim Ban'

Trump Administration Asks SCOTUS to Reinstate 'Muslim Ban'

Virginia court of appeals ruled the President's executive order is likely unconstitutional over religious discrimination because of Trump's campaign trail statements that he wanted to keep Muslims out of the US.

The Trump Administration did not ask for immediate oral arguments on the matter - instead, if the Supreme Court decides to go forward on the case, action is more likely in the fall, after the justices begin their new term in October.

It also asked the Supreme Court to lift another US-wide injunction issued by a federal judge in a separate case based in Hawaii. A panel of the U.S. Court of Appeals for the 9th Circuit, which covers Hawaii, heard the governments arguments in that case last month, but has not yet ruled.

The filing came one week after the Fourth Circuit Court of Appeals ruling dealt a fresh blow to Trump's efforts to push the controversial travel ban that has triggered mass protests and confusion at airports. His Justice Department says President Trump's travel ban is well within the president's power to protect the USA and its borders. The government says the nation will be safer if the policy is put in place. It would take five votes from the now nine justices to grant a stay of the injunction. That court could issue its decision before the Supreme Court acts on the emergency application. The justices are scheduled to end their work at the end of June. A second attempt by the administration was also blocked before it could go into effect. But there are procedural wrinkles, and it is possible that the case will be resolved without a formal ruling.

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The Trump administration is asking the Supreme Court to immediately reinstate its 90-day ban on travelers from six countries - Iran, Libya, Somalia, Sudan, Syria and Yemen - that pose a terrorism threat.

A U.S. District Court judge in Seattle blocked the executive order.

Trump's revised travel ban that is the one that's making its way through the courts now. The revised ban was the same, but removed Iraq from this list.

Still, the government argues the courts must defer to the president's national security findings, and blasted the 4th Circuit for imputing discriminatory intent on the basis of the president's campaign statements.

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The order "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination", Gregory wrote. The nationwide injunctions blocking the travel ban have caused irreparable harm by "preventing the executive from effectuating his national-security judgment", he wrote. There's no ruling yet, so it's kind of unusual for President Trump to seek Supreme Court review without a ruling there.

"The decision below is the first to hold that a provision of federal law - neutral on its face and in operation - violates the Establishment Clause based on speculation about its drafters' supposedly illicit goal", the Justice Department said.

"But it is likely unconstitutional here, the court held, because the President's "stated national security interest" 'was provided in bad faith, as a pretext for its religious goal, '" the government states in the petition. However, in response to senators' questions about Trump's criticism of judges who had blocked his first immigration-related executive orders, Gorsuch said it was "disheartening" and "demoralising".

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He added, however, that he hopes "we can win back the United States one day, because there are also large parts of American society that we must not forget".

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