{"id":31683,"date":"2017-03-19T06:29:20","date_gmt":"2017-03-19T06:29:20","guid":{"rendered":"http:\/\/en.bornomalanews.com\/?p=31683"},"modified":"2017-03-19T06:29:20","modified_gmt":"2017-03-19T06:29:20","slug":"us-appeals-to-higher-court-over-ruling-against-trumps-revised-travel-ban","status":"publish","type":"post","link":"https:\/\/en.bornomalanews.com\/?p=31683","title":{"rendered":"US appeals to higher court over ruling against Trump\u2019s revised travel ban"},"content":{"rendered":"
\"Demonstrators
Demonstrators rally against the Trump administration's new ban against travelers from six Muslim-majority nations, outside of the White HouseREUTERS<\/figcaption><\/figure>\n

The Department of Justice said in a court filing it would appeal against a ruling by US District Judge Theodore Chuang in Maryland to the 4th US Circuit Court of Appeals in Richmond, Virginia<\/h2>\n
The US government took the legal battle over President Donald Trump\u2019s travel ban to a higher court on Friday, saying it would appeal against a federal judge\u2019s decision that struck down parts of the ban on the day it was set to go into effect. –Reuters<\/a><\/div>\n
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The Department of Justice said in a court filing it would appeal against a ruling by US District Judge Theodore Chuang in Maryland to the 4th US Circuit Court of Appeals in Richmond, Virginia.<\/p>\n

On Thursday, Chuang issued an emergency halt to the portion of Trump\u2019s March 6 executive order temporarily banning the entry of travellers from six Muslim-majority countries. He left in place the section of the order that barred the entry of refugees to the United States for four months.<\/p>\n

Another federal judge in Hawaii struck down both sections of the ban in a broader court ruling that prevented Trump\u2019s order from moving forward.<\/p>\n

In Washington state, where the ban is also being challenged, US District Court Judge James Robart put a stay on proceedings for as long as the Hawaii court\u2019s nationwide temporary restraining order remained in place, to \u201cconserve resources\u201d and avoid inconsistent and duplicate rulings.<\/p>\n

The decisions came in response to lawsuits brought by states\u2019 attorneys general in Hawaii and refugee resettlement agencies in Maryland who were represented by the American Civil Liberties Union and the National Immigration Law Centre.<\/p>\n

Detractors argue the ban discriminated against Muslims in violation of the US Constitution\u2019s guarantee of religious freedom. Trump says the measure is necessary for national security to protect the country from terrorist attacks.<\/p>\n

White House Press Secretary Sean Spicer told a media briefing the government would \u201cvigorously defend this executive order\u201d and appeal against the \u201cflawed rulings.\u201d<\/p>\n

The Department of Justice filed a motion late on Friday night seeking clarification of Hawaii\u2019s ruling before appealing to the 9th Circuit US Court of Appeals in San Francisco.<\/p>\n

The 9th Circuit court last month upheld a decision by Judge Robart that halted an original, more sweeping travel ban signed by the President on Jan. 27 in response to a lawsuit filed by Washington state.<\/p>\n

The new executive order was reissued with the intention of overcoming the legal concerns.
\nTrump has vowed to take the fight all the way to US Supreme Court.<\/p>\n

The 4th Circuit is known as a more conservative court compared to the 9th Circuit, said Buzz Frahn, an attorney at Simpson Thacher & Bartlett who has been tracking the litigation nationwide.<\/p>\n

\u201cThe government is probably thinking that the 4th Circuit \u2026 would lend a friendlier ear to its arguments,\u201d he said.<\/p>\n

Judges have said they were willing to look behind the text of the order, which does not mention Islam, to probe the motivation for enacting the ban, Frahn said. Trump promised during the election campaign to ban Muslims from entering the United States.<\/p>\n

The US Supreme Court is currently split 4-4 between liberals and conservatives, with Trump\u2019s pick for the high court \u2013 appeals court judge Neil Gorsuch \u2013 still awaiting confirmation.<\/p>\n

Hans von Spakovsky, from the Washington DC-based Heritage Foundation, said the Department of Justice might want to time their appeals to reach the Supreme Court after Gorsuch is confirmed.<\/p>\n

He said the court would be likely to hear the case.<\/p>\n

\u201cThey will take it because of its national importance,\u201d Spakovsky said.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Department of Justice said in a court filing it would appeal against a ruling by US District Judge Theodore Chuang in Maryland to the 4th US Circuit Court of Appeals in Richmond, Virginia The US government took the legal battle over President Donald Trump\u2019s travel ban to a higher court on Friday, saying it […]<\/p>\n","protected":false},"author":7,"featured_media":31684,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,14],"tags":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\n\n\t\n