Donald Trump continues to go “oh for” in the federal courts with his discriminatory Muslim travel bans.
Today a three judge panel of the Ninth Circuit Court of Appeals rejected Trump’s revised Muslim travel ban, joining the en banc Fourth Circuit Court of Appeals in rejecting the revised Muslim travel ban because of unconstitutional discrimination. Read the ruling HERE (.pdf).
The San Franciso Chronicle reports, Federal appeals court in SF deals Trump another travel ban defeat:
President Trump’s second attempt to ban U.S. entry by anyone from a group of nations with overwhelmingly Muslim populations was rejected Monday by a San Francisco-based federal appeals court, which said Trump had exceeded his authority and violated a ban on discrimination based on national origin.
The 3-0 ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco follows a May 24 decision by [the Fourth Circuit] appeals court in Richmond, Va., that reached the same conclusion. The Trump administration has appealed that ruling to the U.S. Supreme Court.
Note: “The justices have asked the challengers to file responses to the petition for review and the requests for stays of the lower courts’ rulings. Those responses are due on or before 3 p.m. on Monday, June 12.“ This is likely why the Ninth Circuit issued its ruling today. Stay tuned.
Donald Trump is completely bonkers, but then you already knew that. What is happening with his Muslim “travel ban” over the weekend only confirms this.
First some background on the status of the Muslim “travel ban.” Trump’s original executive order in January was blocked by the federal district court for the state of Washington as unconstitutional religious discrimination, and that court order was affirmed by a panel of the Ninth Circuit Court of Appeals.
This elicited this response from Trump:
That didn’t happen. Instead, the Trump Justice Department dismissed the appeal and reissued a “revised travel ban” in March. The original executive order and lawsuit no longer exist for any purposes (something Trump does not seem to comprehend, as I will explain below).
The “revised travel ban” was also challenged in court, where it has advanced to two courts of appeal. The Fourth Circuit Court of Appeals upheld the federal district court for Maryland in an en banc decision blocking the “revised travel ban” as unconstitutional religious discrimination. The Ninth Circuit Court of Appeals heard oral arguments on May 15 in an appeal from the federal district court for Hawaii, and appparenty took additional arguments last week. 9th Circuit hears travel ban appeal, again. That decision is pending.
The Trump Justice Department filed for review before the U.S. Supreme Court late Thursday. Amy Howe of SCOTUSblog explains the posture of this case before the Supreme Court. Trump administration asks justices to weigh in on travel ban:
[T]he federal government asked the Supreme Court to step into the legal dispute over the constitutionality of the executive order [the “revised travel ban”] that the president signed on March 6. The government also asked the court to put on hold two lower-court rulings blocking the implementation of the executive order, telling the justices that those rulings undermine “the President’s constitutional and statutory power to protect” the United States.
Last night’s filings came in two separate challenges to the March 6 order, popularly known as the “travel ban.” One challenge originated in Maryland, where a federal district judge blocked the implementation of the order on March 16; last week the full U.S. Court of Appeals for the 4th Circuit largely upheld the Maryland judge’s order. Another challenge came from Hawaii: A district judge there also ruled for the challengers, and the U.S. Court of Appeals for the 9th Circuit heard oral argument in the government’s appeal on May 15, but the appeals court has not yet issued its decision. Yesterday the government urged the Supreme Court to review the 4th Circuit’s ruling on the merits and to freeze the district court’s order barring the implementation of the travel ban. The government also asked the justices to freeze the Hawaii court’s ruling blocking the travel ban until the 9th Circuit appeal is resolved – and, if necessary, while the government seeks review of that decision in the Supreme Court.
Amy Howe notes that “The justices have asked the challengers to file responses to the petition for review and the requests for stays of the lower courts’ rulings. Those responses are due on or before 3 p.m. on Monday, June 12.“
Posted in AZBlueMeanie, Civil Rights, Congress, Constitution, Courts, Ethics, International, Justice, Party Politics, President, Racism, Religion, Scandals, Transportation
Tagged bigotry, Muslim travel ban
In a continuing series of defeats before the courts for President Trump’s ill-considered Muslim travel ban, the Fourth Circuit Court of Appeals on Thursday refused to reinstate President Trump’s revised Muslim travel ban, saying it discriminated on the basis of religion. Federal appeals court largely maintains freeze of Trump’s travel ban:
The ruling from the U.S. Court of Appeals for the 4th Circuit means the Trump administration still cannot enforce its travel order that the government says is urgently needed for national security.
In its 10 to 3 en banc decision, the Richmond-based court said the president’s broad immigration power to deny entry into the U.S. is not absolute.
“It cannot go unchecked when, as here, the president wields it through an executive edict that stands to cause irreparable harm to individuals across this nation,” according to the majority opinion written by Chief Judge Roger L. Gregory, and joined in part by nine other judges.
The 4th Circuit declined to lift an order from a Maryland federal judge, who ruled against the travel ban in March and sided with opponents who said the ban violates the Constitution by intentionally discriminating against Muslims. The ruling leaves the injunction in place and means citizens from Iran, Sudan, Somalia, Yemen, Syria and Libya can continue entering the United States.
The Supreme Court today ruled on the long-awaited gerrymandering case from North Carolina, Cooper v. Harris. The ruling is Here (.pdf).
Adam Liptak of the New York Times reports, Justices Reject 2 Gerrymandered North Carolina Districts, Citing Racial Bias:
The Supreme Court on Monday struck down two North Carolina congressional districts, ruling that lawmakers had violated the Constitution by relying too heavily on race in drawing them.
The court rejected arguments from state lawmakers that their purpose in drawing the maps was not racial discrimination but partisan advantage.
* * *
In their decision this week, the justices were unanimous in rejecting District 1, in the northeastern part of the state. After the 2010 census, lawmakers increased the district’s black voting-age population to 52.7 percent from 48.6 percent.
Justice Elena Kagan, writing for the court, said black voters, in coalitions with others, had been able to elect their preferred candidates even before the redistricting. Adding additional black voters to the district, she wrote, amounted to an unconstitutional racial gerrymander.
Posted in AZBlueMeanie, Civil Rights, Constitution, Corruption, Courts, Election Integrity, Elections, Ethics, GOP War On..., Legislation, Party Politics, Racism, Redistricting, Scandals
Tagged voting rights, Voting Rights Act of 1965
Donald Trump has repeatedly claimed, without evidence, that widespread voter fraud caused him to lose the popular vote to Hillary Clinton by almost 3 million votes, even while he won the presidency with an electoral college victory. Without evidence, Trump tells lawmakers 3 million to 5 million illegal ballots cost him the popular vote.
In pursuit of the delusions of our always insecure egomaniacal Twitter-troll-in-chief, Donald Trump today issued an “Executive Order Establishing of Presidential Advisory Commission on Election Integrity.”
Yeah, that’s not at all what this executive order is about. It is about Trump trying to validate his delusions that he won the popular vote but for voter fraud by millions of Americans. It’s time to invoke the 25th Amendment rather than humor this madman.
The Hill gets this right. Trump signs order launching voter fraud investigation:
The commission will be chaired by Vice President Mike Pence, and Kansas Secretary of State Kris Kobach will serve as vice chair, the White House announced during Thursday’s press briefing.
So a GOP led commission with Kris Kobach, the GOP’s dark prince of voter suppressions efforts serving as vice chair. Oh hell no!
This commission has zero credibility and no self-respecting Democrat or election integrity expert or academic should agree to serve on this farce of a commission. Boycott this commission.
Posted in AZBlueMeanie, Civil Rights, Congress, Constitution, Corruption, Election Integrity, Elections, Ethics, GOP War On..., Legislation, Party Politics, President, Racism, Scandals
Tagged voting rights, Voting Rights Act of 1965