Trump delays effective date of travel ban amid court battle

Another US appeals court keeps US President Donald Trump's travel ban blocked

Earlier this month, the Department of Justice asked the Supreme Court to allow the "ban" to take effect, while also asking the court to fast-track the case.

The ruling also states: "A reasonable, objective observer - enlightened by the specific historical context, contemporaneous public statements and specific sequence of events leading to its issuance - would conclude that the executive order was issued with a goal to disfavor a particular religion". Rather, they found that the president overstepped his authority on statutory grounds, meaning that the administration will have two fronts to defend if and when the matter reaches the Supreme Court.

Since the DOJ initially petitioned for Supreme Court review on June 1, Trump has tweeted about the order, the courts, and his disdain for political correctness, confirming the claims of travel-ban challengers that the executive order is religiously motivated and violates constitutional guarantees to freedom of religion.

According to the bench, which unanimously ruled against the ban, the executive order signed by Trump "exceeded the scope of the authority delegated to him by Congress" to oversee immigration.

But if the conservative majority on the Supreme Court is inclined to stay within the "four corners" of the executive order's text and not broadly consider the motivation behind it, the 9th Circuit shows it still can not be upheld. "The President was clear in his landmark speech in Saudi Arabia: this is not about religion; it is about national security".

The government disagreed, arguing that the injunction by Hawaii federal judge Derrick Watson had stopped the clock on the 90-day, six-country and 120-day refugee ban.

In the second case, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, on May 25 upheld the Maryland judge's ruling.

The Supreme Court will decide whether to take the case on Wednesday. "It can not go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation".

The White House released a memorandum Wednesday declaring that the effective date of the president's executive order banning travelers from six Muslim-majority countries "is delayed or tolled" until all relevant court injunctions "are lifted or stayed".

Masri noted that CAIR filed an amicus ("friend of the court") brief in the case.

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