Friday, 10 February 2017
Trump Travel Ban Unconstitutional? But Obama, Bush, Carter Travel Bans Constitutional?
Written by C. Mitchell Shaw
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Trump Travel Ban Unconstitutional? But Obama, Bush, Carter Travel Bans Constitutional?
Other presidents have suspended immigration without having their orders derailed by the courts. Why is Trump's executive order being treated differently?
On Thursday, the 9th Circuit Court of Appeals kept to its activist ways by refusing to allow President Trump’s executive order suspending the controversial U.S. refugee program to be in effect as it continues to wind its way through the courts. The three-judge panel that denied the administration’s request to lift the temporary restraining order on the executive order was unanimous in its decision.
The judges — William Canby Jr., a Jimmy Carter appointee; Richard Clifton, a George W. Bush appointee; and Michelle Friedland, a Barack Obama appointee — wrote in their decision that the executive order likely violates “what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel.” The decision also says the “it is the Government’s burden to make ‘a strong showing that [it] is likely to’ prevail against the States’ procedural due process claims” and that the court is “not persuaded that the Government has carried its burden for a staying appeal.”
https://www.thenewamerican.com/usnews/immigration/item/25358-trump-travel-ban-unconstitutional-but-carter-bush-obama-travel-bans-constitutional
