4th Circuit Court Confirms: Trump’s Travel Ban Unconstitutional

NPR – The 4th U.S. Circuit Court of Appeals has ruled that President Trump’s controversial travel ban should be kept on hold, maintaining a nationwide preliminary injunction that blocks key elements of the executive order from being enforced.

A 13-judge panel of the court heard arguments over the ban earlier this month. In Thursday’s decision, the chief judge writes that the travel ban “drips with religious intolerance, animus, and discrimination.”

Trump Travel Ban Returned To Court, With President’s Words At The Center
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Trump Travel Ban Returned To Court, With President’s Words At The Center
Trump has signed two executive orders restricting travelers from a handful of majority-Muslim countries and putting a temporary moratorium on refugees. The first prompted chaos and was swiftly challenged in court. It was replaced by a second order, which omitted references to religion and explicitly exempted green card holders. That one, too, was promptly challenged in court and its central provisions have never gone into effect.

The second executive order — “EO-2,” as the court dubbed it — is the one that was under consideration by the 4th Circuit as well as several other courtrooms across the country.

The issue at hand: whether a lower court acted properly in issuing a nationwide injunction to keep the order from being enforced. That means the court was not directly ruling on the travel ban’s constitutionality. But to rule on the injunction, the judges had to evaluate the strength of the case against the ban.

They decided the arguments against the executive order were strong indeed.

The judges ruled 10-3 on Thursday to “affirm in substantial part” the earlier decisions that have kept the controversial ban from going into effect.

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