Appeals Court to Hear Challenge to Travel Ban Today

By Paul Riegler on 7 February 2017
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Old Senate chamber in the Capitol

Old Senate chamber in the Capitol

The Ninth Circuit Court of Appeals will hear oral arguments from both sides late Tuesday in the challenge to President Donald Trump’s “Foreign Terrorist Entry” executive order.

Three judges from the San Francisco-based court will hold a one-hour hearing by telephone at 3 p.m. PST in the case of State of Washington and State of Minnesota v. Trump. Attorneys for the two states will argue that the temporary restraining order that stayed the ban late Friday should remain in place because the president had “unleashed chaos” by signing the order.

Federal Judge James Robart of the U.S. District Court for the Western District of Washington issued the stay, which effectively suspended key parts of the executive order across the nation. In response, Trump referred to Robart as a “so called” judge in one tweet, saying “Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!” in another.

The two states’ attorneys general argued that the executive order violates the Establishment Clause in the First Amendment because it shows a preference by the government for one religion over another, and Equal Protection Clause of the 14th Amendment because the order discriminates based on religion and national origin.

The Trump Administration argues that the ban should be allowed to go back into effect during the appeals process.

On Monday, nearly 100 technology companies filed an amicus brief with the court opposing the ban. “Immigrants or their children founded more than 200 of the companies on the Fortune 500 list, including Apple, Kraft, Ford, General Electric, AT&T, Google, McDonald’s, Boeing, and Disney,” the brief stated.

Also on Monday, several former senior government officials, including former Secretaries of State John Kerry and Madeleine Albright, added their signatures to a declaration in support of a brief filed by the two attorneys general in the case.

(Photo: Accura Media Group)

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