Trump goes to Supreme Court, insists travel ban on Muslims

Posted June 05, 2017

Justice Department lawyers asked the court to overturn a decision of the full U.S. Court of Appeals for the 4th Circuit that kept in place a freeze on President Trump's revised ban.

That ruling was upheld last month in a ruling by the 4th Circuit Court of Appeals in Richmond, Virginia which stated in its ruing that the order was racist. Watson, relying upon statements that the Trump made as a candidate for the presidency, held that the "stated secular goal of the Executive Order is at the very least secondary to a religious objective of temporarily suspending the entry of Muslims" in violation of the Constitution.

The fight over U.S. President Donald Trump's proposed travel ban is heading for the Supreme Court.

It comes after Trump first tried to impose the executive order weeks after he was elected.

"The Supreme Court ruling will be the final say on this idea of equal protection under the law and non-discrimination based on religion", he said from Los Angeles.

At issue is a ban Trump has said is necessary to protect Americans from terrorist attacks.

The ACLU, one of the challengers to the travel ban, tweeted "We've beat this hateful ban and are ready to do it again, @realDonaldTrump".

The controversial ban has prompted protests and debate across the US. The travel ban touches not just on immigration, but it involves issues such as the authority of the executive and the issue of religious freedom.

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The nine-justice Supreme Court has a 5-4 conservative majority, with conservative Anthony Kennedy occasionally siding with the court's four liberal justices.

Vice President Mike Pence said the administration continues to be "very confident" that justices at the high court will 'recognize the right of the president in the Constitution and in the statues of this country to control immigration in a way that puts the security of this country first'.

Muslims and Yemenis gathered with their supporters on the steps of Brooklyn's Borough Hall, during a protest against President Donald Trump's temporary travel ban on citizens from seven predominantly Muslim countries, Thursday, Feb. 2, 2017, in the Brooklyn borough of NY. The administration wants the high court to move ahead even without hearing from the 9th Circuit, which, by the way, is no favorite of President Trump.

The Government has also asked the Supreme Court to stay the injunction granted by the District Court in State of Hawaii v. Trump.

He said there was a "reasonable probability" the justices would reverse the 4th Circuit's ruling, and added Trump's order should be allowed to go into effect. It deleted Iraq from the list and removed an indefinite ban on Syrian refugees. The Maryland ruling was narrower, freezing only the order's 90-day suspension of entry from Iran, Libya, Somalia, Sudan, Syria and Yemen. It contained no preference for religious minorities, while the original had favored Christians.

Trump will need the support of five of the nine Supreme Court judges to reinstate the ban. Gorsuch was nominated by Trump to fill the seat vacated by the February 2016 death of Justice Antonin Scalia, a conservative stalwart.

A second regional federal appeals court heard arguments on May 15 in Seattle in the administration's appeal of a decision by a federal judge in Hawaii also to block the ban.