The Ninth Circuit Rejects Trump’s Travel Ban Again

Did President Donald Trump’s travel ban violate the Constitution, or just the law? Late last month, the Fourth Circuit found that the executive order in question, which suspends the entry into the United States of people from six predominantly Muslim countries and of all refugees, was a blatant act of religious prejudice, and so was barred by the Establishment Clause. It upheld a lower court’s nationwide injunction blocking the executive order. The Ninth Circuit, in a ruling on Monday, also upheld a different lower court’s order putting the ban on hold, but on the grounds that Trump had exceeded his powers under the Immigration and Nationality Act. The two decisions—10–3 in the Fourth Circuit and 3–0 in the Ninth—led to the same place, and are in no way mutually exclusive; the Ninth Circuit emphasized that it hadn’t found on the constitutional question only because it didn’t need to: the order was flawed enough on statutory grounds, and the tradition of American jurisprudence is to avo查看全文

Solidot 文章翻译