Federal judge in Maryland Uses Trump’s Words Against Him on Muslim Ban
Trump’s revised executive order?— Which was set to take effect
Thursday at 12:01 a.m.?—? Seeks to block travellers from six
Muslim-majority countries for at least 90 days and suspend refugee
resettlement for 120 days.
It also sharply curtails the number of refugee admissions for the 2017
fiscal year. Trump’s initial executive order also applied to green card
and visa holders and travellers from Iraq, as well as gave favourable
treatment to Christians.
On Thursday, Judge Theodore D. Chuang ruled against prohibiting travel
from Iran, Libya, Somalia, Sudan, Syria, and Yemen?—?the central provision
of Trump’s ban. Chuang did not put a full block on the executive order,
but in his decision, he also writes that plaintiffs “did not sufficiently develop”
an argument to support temporarily banning refugee resettlement.
“In this highly unique case, the record provides strong indications that the
national security purpose is not the primary purpose for the travel ban,
” Chuang wrote in his decision. “
The fact that the White House took the highly irregular step of first introducing
the travel ban without receiving the input and judgment of the relevant national
security agencies strongly suggests that the religious purpose was primary, and
the national security purpose, even if legitimate, is a secondary post hoc rationale.”
The pair of rulings represent a strong rebuke of Trump’s policy, which administration
officials have argued was necessary out of national security concerns to ensure stricter
screening practices of travellers from these countries.
The judiciary has so far been sceptical that’s the case.
Using the words of Trump and his cabinet members, Judge Derrick Watson in Hawaii
concluded that the order failed to establish “a strong likelihood of success” that it
wasn’t rooting its claims on religious discrimination.
Trump fumed over Watson’s decision during a rally Wednesday night in Nashville, Tennessee.
“The order he blocked was a watered-down version of the first one,
” Trump said, decrying the decision as an “unprecedented judicial overreach.”
He then said that he may take the issue to the Supreme Court. Get more on Think Progress