There are two cases in the federal appellate courts regarding the ban on Trump’s executive order blocking travel from six mostly Muslim countries. This afternoon one of those cases was decided.
Federal appeals court largely maintains freeze of Trump’s travel ban
By Ann E. Marimow, Washington Post
The ruling from the U.S. Court of Appeals for the 4th Circuit means the Trump administration still cannot enforce its travel order that the government says is urgently needed for national security.
In its 10 to 3 decision, the Richmond-based court said the president’s broad immigration power to deny entry into the U.S. is not absolute.
“It cannot go unchecked when, as here, the president wields it through an executive edict that stands to cause irreparable harm to individuals across this nation,” according to the majority opinion written by Chief Judge Roger L. Gregory, and joined in part by nine other judges.
The 4th Circuit declined to lift an order from a Maryland federal judge, who ruled against the travel ban in March and sided with opponents who said the ban violates the Constitution by intentionally discriminating against Muslims.
The other pending case is in the Ninth Circuit. Even if they decide to lift the ban on the EO, the ban on its implementation will still remain. It is expected that the Trump administration will attempt to appeal the rulings to the Supreme Court regardless of how the Ninth Circuit rules. It will be up to the Supreme Court whether or not they hear the appeal which may not happen until next October. The current court session ends in June.