Court of Appeals Strikes Down President’s Travel Ban

(ESPAÑOL) The U.S. Court of Appeals for the 9th Circuit struck down President Trump’s travel ban today.

President Trump’s effort to restrict travel from six predominantly Muslim countries suffered another in a string of legal setbacks Monday when a second federal appeals court said it discriminated based on nationality and lacked justification based on national security.

The U.S. Court of Appeals for the 9th Circuit based its ruling on federal immigration law rather than the Constitution’s religious protections, thereby highlighting several ways the travel ban could be struck down by the Supreme Court, where it’s headed next. Most other courts have ruled that the ban discriminates against Muslims.

The 9th Circuit panel found that the administration had not established enough of a national security rationale “to suspend the entry of more than 180 million people on the basis of nationality. National security is not a ‘talismanic incantation’ that, once invoked, can support any and all exercise of executive power.”

The court also noted that since the September 11 attacks, 12 people have carried out fatal domestic terrorist attacks — “none committed by nationals from the six designated countries.”

Trump has insisted the ban is legal and has doubted his own lawyers for bowing to court rulings by issuing a “watered-down” version that still got blocked. In a series of tweets last week, he said the Justice Department should have stuck by the original travel ban and pushed for a “much tougher version.” He continued a series of attacks against judges who have ruled against him, tweeting that “courts are slow and political!”

The panel of three judges, all appointed by President Bill Clinton, also overturned one part of a federal district court judge’s ruling that the government claimed had blocked a 90-day review of current vetting procedures. That starts the clock on a process which could render the overall case moot in three months, if the Supreme Court has not ruled by then.