Trump eyes Supreme Court after appeals court rejects travel ban

A ruling from the US Ninth Circuit Court of Appeals marks the second appeals court decision against Trump's revised 'travel ban.' This is a blow for the Trump administration which has repeatedly defended the ban.

The court said the order makes no finding that nationality alone renders classifying a broad class of people as a heightened security risk to the U.S. He says the president was within his lawful authority to enact the temporary ban on visitors from six Muslim-majority nations.

Following its 86-pages of arguments the judges remanded the case to the district court with instructions to re-issue the injunction against Trump's Executive Order in line with the appeal court's decision.

White House press secretary Sean Spicer said Monday during a news conference that the administration remains committed to the issue and is reviewing the opinion.

For months, Trump has said his temporary travel ban is a national security measure meant to keep potential terrorists out of the United States while his administration formulates an appropriate immigration policy.

The 4th Circuit had ruled that the ban, which replaced an earlier January 27 one also blocked by the courts, "drips with religious intolerance, animus and discrimination" aimed at Muslims. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state - a decision that was unanimously upheld by a different three-judge 9th Circuit panel.




"In short, the order does not provide a rationale explaining why permitting entry of nationals from the six designated countries under current protocols would be detrimental to the interests of the United States", the ruling said.

Critics of the ban have asserted that the president's order was motivated by anti-Muslim sentiment, in violation of the Constitution's separation of church and state. That helped show he was not assessing whether the six countries had ties to terrorism, they said. Justice Department lawyers made several adjustments from the first travel ban to address concerns raised by judges across the country.

Hawaii's court papers mentioned a series of Twitter posts that Trump wrote on June 5, after the administration sought Supreme Court intervention.

Trump has been on the losing side in all four court rulings on the March order. The refugee program is not at issue in the 4th Circuit case.

"The President unquestionably violates that command when he issues an Order that disproportionality burdens Muslim-Americans, while denigrating the Muslim faith and making it abundantly clear that the Order's harmful effect on Muslims is far from incidental", Katyal argued.

The judges added that Trump's order also went against other provisions of the "Immigration and Nationality Act" (INA) 'that prohibit nationality-based discrimination and require the President to follow a specific process when setting the annual cap on the admission of refugees'.

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