I applaud the District Court in Washington State for restraining the trump administration and all federal employees from enforcing their discriminatory and offensive travel ban. Equally important, this restraining order was upheld by the 9th Circuit Court of Appeals in a strong opinion that, at least at this preliminary stage, decisively rejects the government’s claims that the Executive Order is ‘unreviewable’ or that the states do not have valid cause to challenge it. I suppose this will go on to the Supreme Court, but at least it holds for now.
The Court also said that
‘[N]ational defense’ cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal…. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties… which makes the defense of the Nation worthwhile.’; Zemel v. Rusk, 381 U.S. 1, 17 (1965)
(Where were they when the Patriot Act and the National Defense Authorization Act seriously eroded civil liberties?)
- U.S. 9th Circuit Court of Appeals rules against Trump; travel ban will not go into effect | LA Times
- Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss | New York Times
- Ninth Circuit Court of Appeals — opinion [PDF].