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25 December 2017, 12:30 | Nellie George
Ninth Circuit Strikes Down Trump Travel Ban…Again CNN by Ken Klukowski23 Dec 2017Washington DC0 23 Dec 2017 23 Dec 2017
A federal appeals court panel in San Francisco ruled late Friday that President Donald Trump exceeded his presidential powers with the third version of his controversial travel ban.
Trump's previous two travel bans, issued by executive orders on January 27 and March 6, were also challenged.
9th Circuit Judges Michael Daly Hawkins, Ronald Gould and Richard Paez issued a 71-page joint opinion saying the president's order arrogates power that Congress reserved through legislation it passed.
The Trump administration had lightly modified the list of countries from the first two version of its ban, in what appeared to be an attempt to to avoid the appearance of the Muslim ban the candidate touted on the campaign trail.
The policy Trump issued in September limits issuance of visas to citizens of six majority-Muslim countries.
"The Executive", the panel remarked, "cannot without assent of Congress supplant its statutory scheme [for immigration] with one stroke of a presidential pen".
The high court had allowed the ban to go into effect, but kept the legal proceedings about the legality of the executive order in motion.
"It can not be in the public interest that a portion of this country be made to live in fear", the judges said in an unsigned opinion.
Department of Justice spokeswoman Lauren Ehrsam said the agency is pleased that the Supreme Court has already allowed the government to implement the proclamation and keep Americans safe while the matter is litigated.
As Denniston notes, the Ninth Circuit opinion is noteworthy for its strong rejection of Trump's claim to virtually unlimited and unreviewable presidential power to exclude aliens, regardless of any limitations imposed by Congress. Letting the president claim such boundless authority would be a unsafe breach of separation of powers whose implications go far beyond the travel ban.
Technically, the Ninth Circuit ruling is not a final decision, but merely upholds much of the preliminary injunction issued by the trial court. The court said the ban should not be enforced against people with a relationship with a person or institution in the United States. The suit was brought by the State of Hawaii, the imam who heads a Muslim group in that state, and others.
On Thursday (local time) the Richmond, Virginia-based 4th US Circuit Court of Appeals said it was denying the administration's request while the appeal proceeds.
"We disagree with the court's ruling and are now evaluating the next steps", U.S. Justice Department spokeswoman Lauren Ehrsam said in a statement.
It also said the order violated a provision of the U.S.
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