Court to weigh case of revised travel ban
RICHMOND, Va. — After a series of stinging legal defeats, President Donald Trump’s administration hopes to convince a federal appeals court that his travel ban targeting six-Muslim majority countries is motivated by national security, not religion.
The 4th U.S. Circuit Court of Appeals today will examine a ruling that blocks the administration from temporarily barring new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. It’s the first time an appeals court will hear arguments on the revised travel ban, which is likely destined for the U.S. Supreme Court.
Pointing to the Republican’s promises on the campaign trail to bar Muslims from entering the country, a federal judge in Maryland found in March that the policy appeared to be driven primarily by religious animus.
Attorneys for the U.S. Justice Department say the court shouldn’t rely on Trump’s statements, but on the text of the policy, which they say is necessary to protect the country from terrorism. The banned countries represent just a fraction of the predominantly Muslim countries, they note.
“The court should have focused on official acts, not perceived subjective motivations,” the attorneys say in court documents.
The American Civil Liberties Union and National Immigration Law Center say Trump wants the courts to “blind themselves to the ample, public, and uncontested evidence” that the policy targets Muslims.
In an extraordinary move signifying the importance of the case, the 4th Circuit decided to bypass the three-judge panel that typically first hears appeals and go straight to the full-court hearing.
It will likely be weeks before the 4th Circuit issues a decision. And even if the court sides with Trump, the travel ban will remain blocked unless the president also wins in another appeals court.
