Wednesday, 18 October, 2017

Trump admin amends travel ban date to keep legal battle alive

Credit Alisdare Hickson Flickr Credit Alisdare Hickson Flickr
Kelley Robertson | 16 June, 2017, 05:25

Under that interpretation, the whole case would become moot before the Supreme Court had a chance to weigh in, leaving the Fourth and Ninth Circuit rulings to stand.

Immigration activists, including members of the DC Justice for Muslims Coalition, rally against the Trump administration's new ban against travelers from six Muslim-majority nations, outside of the U.S. Customs and Border Protection headquarters in Washington, U.S., March 7, 2017.

Under the revised ban, the policies were set to take effect on March 16, meaning they would expire this week.

Trump has previously said he would be willing to take the matter to the US Supreme Court in order to get the travel ban passed, a measure his administration argues is necessary of national security.

Last month, CAIR similarly welcomed a ruling by the full panel of 13 judges on the U.S. Court of Appeals for the 4th Circuit in Richmond, Va., that refused to lift a nationwide injunction blocking President Trump's revised "Muslim ban".

This story has not been edited by Firstpost staff and is generated by auto-feed. The move is to avoid the possibility of major parts of the order expiring before the Supreme Court could hear the Trump administration's appeal. The court at some point questioned the authenticity of the travel ban.

ABC News contributor Kate Shaw said Wednesday's memorandum "clarifies and amends the executive order, effectively neutralizing one of the plaintiffs' key arguments against both a stay and cert - that the order expired" on Wednesday. The second order was meant to overcome the legal issues posed by the original ban, but was blocked by judges before it could go into effect on March 16.

Wall wrote that more time was needed because the 9th Circuit ruling in favor of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds". The state of Hawaii has suggested a shorter briefing schedule. The 9th Circuit ruling says it can now go ahead with that.

The new Supreme Court brief, filed June 9 and signed by attorney Barnaby Zall, Allen Dickerson and Zac Morgan of CCP, said using Trump's campaign statements to fight the travel ban would damage the ability of future candidates to convey their messages to voters.

The terms of the revised executive order state that a ban will be applied to travelers from any country that does not cooperate with USA officials to determine whether that country provides sufficient information about its nationals to assure "that the individual seeking the [visa, admission, or other] benefit is who the individual claims to be and is not a security or public-safety threat".

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