The court found that the ban, which targeted people from several Muslim-majority nations, violated the Establishment Clause of the First Amendment, which prevents the government from establishing religious orthodoxy or favoring one religion over another. The court goes into summer recess soon, which means that the Trump administration would only be able to file the appeal in October.
The 4th U.S. Circuit Court of Appeals ruled 10-3 Thursday against Trump's travel ban.
On March 6, Trump issued a revised travel ban striking Iraq and excluding existing visa and green card holders. But nine judges ruled that the Trump administration overstepped its bounds, while three judges backed the president's order as lawful.
The next step to decide the legality of the travel ban is likely a Supreme Court appeal by Trump; John F. Kelly, in his capacity as Secretary of Homeland Security; Rex Tillerson, the Secretary of State; and Daniel R. Coats, the Director of National Intelligence. The decision bars the administration from suspending new visas for visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen.
The judges did overturn one small part of the injunction - namely, the bit where it specifically applied to one Donald Trump.
This was the Trump administration's second attempt to install a travel ban. "Then-candidate Trump's campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States".More news: James passes Jordan, Cavs back in Finals with 135-102 win
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In dissent, Judge Paul V. Niemeyer said that the majority had made a grave error in considering the comments to interpret the executive order. Therefore. we affirm in substantial part the district court's issuance of a nationwide preliminary injunction as to Section 2 (c) of the challenged executive order."-More..." The order itself doesn't mention religion.
The decision, written by Chief Judge Roger Gregory, described Trump's executive order in forceful terms, saying it uses "vague words of national security, but in context drips with religious intolerance, animus, and discrimination".
In a dissenting opinion of his own, Shedd argued that the President has broad authority to make national security decisions.
The first travel ban in January triggered chaos and protests across the country as travelers were stopped from boarding global flights and detained at airports for hours.
Virginia Attorney General Mark R. Herring said, "I saw this ban for exactly what it was, as have courts across the country".
The new ban was announced in March, but never got off the ground because federal courts blocked it just hours before it was set to go into effect.