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Judicial Rulings
Issued on May 25th and June 13th

Policy Summary

On May 25th the 4th US Circuit Court of Appeals ruled 10-3 to uphold a lower court’s ruling blocking Trump’s travel ban. Chief Judge Roger L. Gregory ruled that Trump’s call during the campaign to suspend Muslim immigration could be used to establish precedent that nefarious intentions were in mind in the drafting of this order. In the ruling he stated: “Then-candidate Trump’s campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States.” Then on June 13th, the 9th US Circuit Court of Appeals ruled 3-0 against the travel ban. Unlike the 4th circuit ruling the 9th circuit ruling blocked Trump’s travel ban on statutory grounds (ie. solely based on the law’s text) instead of on Trump’s past statements to determine his intent. On June 2nd the Trump Administration formally appealed the 4th Circuit ruling to the Supreme Court. Then on June 6th, the Administration appealed the 9th circuit ruling.

Analysis

Attorney General Jeff Sessions stated that the administration would appeal the case to the Supreme Court. This case meets the two criteria for a Supreme Court case, the first being that the federal government is appealing the case, and the second being that it involves a nationwide injunction. Therefore, it is very likely that the Supreme Court will decide to hear the case. If the Supreme Court does decide to hear the case it is unclear which way it would rule as the conservatives have a 5-4 majority on the court. However, in a lot of recent cases, Republican-appointed Justice Anthony Kennedy has sided with the liberal justices. The 9th Circuit ruling gives latitude to conservative justices who think the law went too far, are uncomfortable with ruling on Trump’s character.

Engagement Resources

  • Local Options for Protecting Immigrants – This document hosted by the National Network for Immigrant and Refugee Rights notes what steps local governments can take to protect immigrants against federal government actions.
  • Resistance Manual – Crisis Resources: If you know someone who is facing immigration troubles, please share this compendium of legal resources and relevant nonprofit organizations with them.
  • Immigration Volunteer Search – Search for immigration volunteer opportunities near you, and do your part to help those under siege from Trump’s policies.

This brief was compiled by William Lucier. If you have comments or want to add the name of your organization to this brief please contact william@usresistnews.org.


 

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