Trump's Travel Ban Suffers Yet Another Setback
- Author: Archie Newman Feb 15, 2017,
Feb 15, 2017, 0:54
In her 22-page ruling, the Virginia judge cited several of Mr Trump's campaign statements including those in which he promised to create a "Muslim ban" if he were elected president.
A federal judge granted a preliminary injunction that keeps the Trump administration from implementing the infamous travel ban in that state.
Brinkema's ruling also differs from the previous two because it stops enforcement of the order based on a violation of the First Amendment - that it is a ban aimed specifically at Muslims - based on Trump's words on the campaign trail and since taking office. The ban is directed at seven Muslim-majority countries.
U.S. District Judge James Robart - who issued the temporary restraining order at the request of Washington state and Minnesota on February 4 - rejected the U.S. Justice Department's request to pause the underlying case in lower court while the 9th U.S. Circuit Court of Appeals decides whether a larger, 11-judge panel will review the case.
US District Court Judge Leonie Brinkema in Virginia granted a modified version of the state's request for a preliminary injunction to stop enforcement of the travel ban, finding the state had the ability to sue, "is likely to prevail on the merits" of at least one of its constitutional arguments and the Justice Department would not suffer any harm from imposing the injunction.
"The president himself acknowledged the conceptual link between a Muslim ban and the EO (executive order)", Judge Brinkema wrote. "Every presidential action must still comply with the limits set by Congress' delegation of power and the constraints of the Constitution, including Bill of Rights", she wrote.
Virginia Attorney General Mark Herring used a bit stronger language when condemning Trump's travel order, defining it as "religious bigotry".
The injunction applies only to residents of the state as well as students or employees of public universities in Virginia.
The Yemeni men have since been allowed to enter the United States.