US Appeals Court to hear arguments over Trump migrant ban
Feb 09 2017 by Cristina Jennings
Lawyers for the states of Washington and Minnesota argued in their brief that the travel ban caused "extraordinary and irreparable harm" to residents and businesses and violated the Constitution's ban against religious discrimination.
August Flentje, special counsel for the US Justice Department, told the appellate panel that "Congress has expressly authorized the president to suspend entry of categories of aliens".
"Could the president say, We're not going to let any Muslims in?" he asked the Justice Department attorney.
And that's because last week a federal judge temporarily blocked the executive order. The bigger legal fight over whether Trump had authority to issue the order will be addressed later in the litigation. I can cite - " Flentje said. "But if it were made, it is potential evidence and a basis for an argument". "This is common sense", Trump said.
It prompted large protests at airports as people from overseas, even green card and visa holders, were detained and questioned for hours.
The San Francisco-based 9th U.S. Circuit Court of Appeals has scheduled a telephone hearing Tuesday afternoon with lawyers from the federal government and states suing Trump.
"The Ninth Circuit is often called a liberal court, but the issues they have to figure out today are dry and technical ones relating to standards of review and the deference owed to the lower court", Hong said.
No matter how the appeals court rules, the case ultimately could end up in front of the Supreme Court.
These documents include a much-publicized amicus (aka "friend of the court") brief, which opposes the travel ban, by almost 100 tech companies including Google (goog) and Apple (aapl).
The announcement comes four days after Oregon Governor Kate Brown instructed Rosenblum to legally oppose Trump's executive order that restricts immigration from seven primarily Muslim countries.
The State Department first issued the guidance about revoking the visas on January 27, the day Trump signed his executive order, according to a memo filed in a court case in MA. "It's very important for the country, regardless of me or whoever succeeds at a later date".
The travel restrictions have drawn protests in the U.S., provoked criticism from USA allies and created chaos for thousands of people who have, in some cases, spent years seeking asylum.
Purcell said he hadn't done the math, but argued the state doesn't need to prove the order harms every Muslim or only Muslims.