A California-based federal appeals court on Monday dealt President Donald Trump another setback, refusing to revive his travel ban on people entering the United States from six Muslim-majority nations in a dispute headed to the U.S. Supreme Court.
Even before Monday's ruling, the case was on the fast-track to the Supreme Court, where the Trump administration on June 1 filed an emergency request seeking to reinstate the executive order. Lower courts have blocked the policy, with one federal appeals court saying the plan was "steeped in animus and directed at a single religious group".
Trump himself embraced calling the order a travel ban in several tweets, which the court cited in its opinion as proof the measure was intentionally discriminatory based on nationality.
Said Miliband, "The decision of the 9th US Circuit Court today is a comprehensive and telling judgement against the legality of the Administration's Travel Ban". One portion of the "travel ban" executive order - which does not limit travel or immigration, would call for internal reviews within the federal government - should be allowed to go into effect.
They didn't rule on whether the travel ban violated the Constitution's ban on the government officially favoring or disfavoring any religion.
The court could act on the administration's request as soon as later this week.
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It followed another ruling in May by a different court, the Fourth US Circuit Court of Appeals in Richmond, Virginia, that upheld a Maryland judge's ruling that also blocked parts of Mr Trump's revised ban.
The 9th Circuit heard arguments May 15 in an expedited appeal of the Hawaii case.
He too faced some hard questioning, including queries on whether the lower-court decision was too broad.
Trump had argued that as president he had the authority to ban people from entering the country due to national security concerns.
"We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress", the judges wrote. The new version, created to better withstand legal scrutiny, named six countries instead of seven - Iran, Libya, Somalia, Sudan, Syria and Yemen, with Iraq dropped - and spelled out more of a national security rationale. The second order was meant to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on March 16.
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