Posted on 02/15/2018 11:52:32 AM PST by EdnaMode
A divided 4th U.S. Circuit Court of Appeals on Thursday held as unconstitutional President Donald Trump's anti-terrorist travel ban from eight countries, six of them majority-Muslim with a total population of 150 million.
In a 9-4 vote, the Richmond-based court upheld a Maryland district judge's preliminary injunction against the ban taking full effect and ruled that the travel restrictions violate the Constitution's Establishment Clause, which bars the government establishment of a religion.
“In sum, the face of the Proclamation, read in the context of President Trump’s official statements, fails to demonstrate a primarily secular purpose. To the objective observer, the Proclamation continues to exhibit a primarily religious anti-Muslim objective,” says the majority opinion.
The court stayed its decision pending the U.S. Supreme Court's decision in a Hawaii case. Last May, the Richmond-based court upheld an injunction against that version of the travel ban in a 10-3 vote.
Carl Tobias, a professor at the University of Richmond School of Law, said it appears the U.S. Supreme Court may combine this case with one from Hawaii in which a judge ruled against the ban in a decision affirmed by the 9th U.S. Circuit Court of Appeals. The 9th Circuit found the new restrictions failed on statutory grounds, while the 4th Circuit found it violated the Constitution.
Cecillia Wang, a lawyer with the American Civil Liberties Union who argued the case before the appeals court in December, said in a statement Thursday that, “We will continue this litigation until the Muslim ban is ended once and for all.”
“The Constitution prohibits government actions hostile to a religion," she said.
The new restrictions are aimed at immigrants and visitors from Chad, Iran, Libya, Somalia, Syria, and Yemen, all majority Muslim, as well as North Korea and some Venezuelan officials.
What “Muslim” travel ban?
So, America is now run by the courts? Ah, who needs The Constitution anyway?
Since when does the constitution apply to non citizens?
Hasn’t the Supreme Court ruled on this in favor of Trump twice already?
This is why prayer was banned in schools, right ACLU?
SCOTUS unanimously ruled in favor of The Donald’s 1st EO re: Travel Ban. The 4th will lose this one.
Islam should not be allowed to hide under the establishment clause. It is not a religion, although that is a component of it. It is not compatible with Western society and should be purged.
They're even more nuts than 'Obama Care Roberts'.....
I think so. This is getting ridiculous.
In charge, until they are taught otherwise. They are becoming the preeminent branch of government and the other two are letting them take over.
“muslim travel ban”
=
Fake News.
Unless I’m mistaken - and I’m not, doesn’t the Constitution give the president plenary powers regarding immigration?
Time to impeach some federal judges; it’s been a while.
Tar.
Feathers.
Federal “judge”.
Some assembly required.
Not that that is relevant here because obviously [unless you are an activist liberal judge] the travel ban isn’t about religion, or else the ban would affect all 57 Muslim countries, and not North Korea, etc.
In other news Trumps travel ban is still in operation. :-)
I's calling bull$hit!
Government consistently acts in a fashion that is hostile to a religion, primarily Christianity. And in fact the Courts have found such hostile acts to be not only Constitutional but have found them to be Constitutionally required in order to meet the "Separation of Church and State" standard.
Apparently they know something that SCOTUS doesn’t know?
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