TRUMPED AGAIN: 9TH CIRCUIT UPHOLDS BLOCK ON TRAVEL BAN; RULES PRESIDENT DISCRIMINATED ON BASIS OF NATIONALITY

WASHINGTON, D.C. — In yet another blow to the Trump administration the 9th Circuit Court on Monday again ruled against the president’s embattled travel ban.

In a hearing to determine whether or not the president discriminated against people based on their nationality, the court upheld a prior injunction from the 9th Circuit, which blocked enforcement of a Trump executive order that would have temporarily prevented immigrants from terror prone countries from entering the United States.

“We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress,” the opinion (http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/12/17-15589.pdf), which came from an anonymous three-judge panel, reads. “Immigration, even for the President, is not a one-person show.”

“In suspending the entry of more than 180 million nationals from six countries, suspending the entry of all refugees, and reducing the cap on the admission of refugees from 110,000 to 50,000 for the 2017 fiscal year, the President did not meet the essential precondition to exercising his delegated authority,” the ruling continues. “Here, the President has not done so.”

In its ruling to uphold the previous ruling, the 9th Circuit cited the president’s tweet on The judges cited a tweet by the president on June 5, in response to the terror attack in London.

“That’s right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won’t help us protect our people!” Trump tweeted.

“Indeed, the President recently confirmed his assessment that it is the ‘countries’ that are inherently dangerous, rather than the 180 million individual nationals of those countries who are barred from entry under the President’s ‘travel ban,'” one judge on the panel wrote.

The panel also cited comments by White House press secretary Sean Spicer that the President’s tweets are “considered official statements by the President of the United States.”

“The President must make a sufficient finding that the entry of these classes of people would be “detrimental to the interests of the United States.” Further, the Order runs afoul of other provisions of the 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. On these statutory bases, we affirm in large part the district court’s order preliminarily enjoining Sections 2 and 6 of the Executive Order,” the jurists concluded.

President Trump has said a temporary travel ban on individuals seeking to enter the U.S. from terror prone countries is essential to providing the federal government the time it needs to develop enhanced vetting procedures. Critics, however, claim the executive order amounts to an unconstitutional “ban on Muslims”.

The 4th U.S. Circuit Court of Appeals in Virginia also ruled against the travel ban in an opinion given on May 25. That ruling has been appealed by the Trump administration to the Supreme Court.

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TRUMP’S REVENGE? POTUS CONSIDERS BREAKING UP 9TH CIRCUIT COURT AFTER RECENT RULINGS AGAINST HIM

WASHINGTON, D.C. — One thing is for certain when it comes to president Donald Trump….He doesn’t like being told “no”.

In a counter to recent rulings against him, the 45th president told The Washington Examiner on Thursday (http://www.washingtonexaminer.com/trump-absolutely-looking-at-breaking-up-9th-circuit-court-of-appeals/article/2621379) that he has “absolutely” considered proposals to break up the San Francisco-based 9th Circuit.

The president’s comments come after yet another ruling by the San Francisco based 9th Circuit Court against that blocked his order to restrict funding for cities and jurisdictions that refuse to comply with federal programs on immigration enforcement.
The same court also infamously shot down a previous executive order by the president to ban travel from immigrants seeking to enter the U.S. from countries deemed to be hot spots for terror.

“There are many people that want to break up the 9th Circuit. It’s outrageous,” said Trump, who has accused liberal foes of “judge shopping” by filing suit in courts they knew would rule against him.

“Out of our very big country, with many choices, does everyone notice that both the “ban” case and now the “sanctuary” case is brought in the Ninth Circuit, which has a terrible record of being overturned (close to 80%). They used to call this “judge shopping!” Messy system,” the president tweeted on Wednesday.

“I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don’t even mention the words in their rejection on the ban,” he told the Examiner.

If the president does decide to move forward with plans to break up the court, it appears that he will have a wealth of Republican support. Earlier this year, Sen Jeff Flake (R-Ariz.) encouraged Trump to do what it takes to dismantle the 9th Circuit, which is regarded as one of the most liberal court districts in the country.

Meanwhile, Texas Gov. Greg Abbott announced this week that he is seeking moving forward with plans to develope legislation to punish sheriffs who operate sanctuary cities with fines and jail time.

Calling out Sheriff Sally Hernandez of Travis County, Texas by name last month, Abbott said he and Texas lawmakers intend to hit mayors of sanctuary cities where it hurts.

“She has knowingly released from jail in Travis County people who have been either convicted of or accused of serious felonies such as sexual assault,” he told Fox News’ Tucker Carlson. “(Those charged with) sexual assault of a minor, she’s put right back out on the streets. This is a dangerous practice that Texas is gonna hammer down. We will not tolerate this, and so we have taken action we’re gonna take even stiffer action to ban sanctuary cities in Texas.”

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