Sunday, 25 June, 2017

What to know about travel ban appeals

What to know about travel ban appeals What to know about travel ban appeals
Saul Franklin | 18 May, 2017, 22:37

Two lawyers with broad experience before the U.S. Supreme Court argued for and against President Donald Trump's travel ban Monday before a panel of the 9th Circuit Court of Appeals.

For the second time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump's revised travel ban - and once again, they can expect plenty of questions Monday about whether the ban was created to discriminate against Muslims.

At his daily briefing, White House press secretary Sean Spicer expressed confidence that the executive order will be upheld by the appeals court.

"The measures that he took in that executive order are fully lawful, fully compliant, and make it clear that they seek to keep this country safe, that's it, " Spicer says. They peppered Acting Solicitor General Jeffrey Wall with questions about whether they could consider Trump's campaign statements calling for a ban on Muslims entering the US, with one judge asking if there was anything other than "willful blindness" that would prevent them from doing so.

Streamed live through the website of the US Courts for the 9th Circuit from a court room in Seattle, Washington state, the three judges grilled Acting US Solicitor General Jeffrey Wall for his defense on behalf of the Trump administration.

The comments came after a three-judge panel from the 9th U.S. Circuit Court of Appeals in Seattle heard arguments Monday in a lawsuit filed by Hawaii over the ban. Because of how the courts chose to proceed, a full slate of 13 judges heard the 4th Circuit arguments last week, while just three, all appointees of President Bill Clinton, will sit in Seattle. In issuing his decision blocking the ban in March, Judge Derrick Watson in Honolulu cited what he called "significant and unrebutted evidence of religious animus" in Trump's campaign statements.

Paez later asked Katyal whether the court should account for the fact that Trump made his statements during a highly contentious campaign.

Katyal, who represented Hawaii in the proceedings, is a former acting Solicitor General of the United States under President Barack Obama. "This order is aimed at aliens overseas, who themselves don't have constitutional rights", Wall said.

Protesters wave signs and chant during a demonstration against President Donald Trump's revised travel ban, Monday, May 15, 2017, outside a federal courthouse in Seattle. Orrick is a lower-court judge whose rulings would be reviewed by the 9th Circuit. The U.S. Supreme Court, in another case, ruled similarly three years later.

Derek McInnes hits back at Pedro Caixinha over 'strange' comments regarding Aberdeen
I think he has been average, to say the least. "I have got to take him at his word on that". The only real surprise is that we have managed to hold on to them for four seasons.

Indian Army gets M777 howitzers 30 years after Bofors scandal
A BAE Systems sposkesperson told IBTimes India: "The deal was to deliver the first of these howitzers within six months". The scandal had badly hit the artillery modernisation of the Indian Army as all deals for this goal were put on hold.

Sharapova targeting return to the top
Canada's Eugenie Bouchard also described the Russian as a "cheater" prior to their matchup at the recent Madrid Open. Lucic-Baroni may want to throw in a few drop shots to upset the rhythm of Sharapova's game and try to beat her.

Dozens of activists gathered Monday morning, some carrying "No Ban, No Wall" signs.

Perhaps seeking to avoid the question of what role the president's statements should play in their assessment, the judges yesterday also spent some time discussing whether the order might also violate federal immigration law - specifically, if it was not based on an adequate finding that the entry of non-citizens would be detrimental to the country's interests.

"I think the most important point is if you don't say all these things, you never wind up with an executive order like this, which is why no president has done that", Katyal argued.

The Justice Department stands firm on its position that the Trump travel ban aims exclusively to protect national security, not to discriminate against Muslims.

Trump then wrote that the circuit had a "terrible record of being overturned" - a claim that is highly debatable - and he said later that he had "absolutely" considered breaking up the court.

Judge Richard Paez asked Wall how Trump's order can be squared with a federal law banning discrimination based on nationality in immigration.

"What the President did here falls squarely within his constitutional and statutory authority", Wall also said.

It was the second time the 9th Circuit Court heard case against travel ban. Last week's argument suggested that there was a majority on the 4th Circuit to uphold the Maryland judge's order putting the ban on hold; yesterday's argument before the 9th Circuit panel could lead to a comparable result, although perhaps on a different theory than that relied on by the Hawaii trial court and also with a narrower scope. "These plainly-worded statements, made in the months leading up to and contemporaneous with the signing of the executive order, and, in many cases, made by the executive himself, betray the executive order's stated secular objective".

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