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Travel Ban Could Go to Supreme Court

Travel Ban Could Go to Supreme Court

But Judge Clifton reminded him that "concern for terrorism with those connected with radical Islamic sects is kind of hard to deny".

What is the 9th Circuit Court of Appeals trying to decide? The travel ban itself is to expire in 90 days, meaning it could run its course before a higher court takes up the issue, or the administration could change it in any number of ways that would keep the issue alive. It also has proposed that parts of Robart's TRO could remain in effect if they apply to foreign nationals who already have ties to the USA but are temporarily overseas or plan to travel in the future. "This is a traditional national security judgment that is assigned to the political branches and the president and the court's order immediately altered that".

The travel restrictions have drawn protests in the U.S., provoked criticism from USA allies and created chaos for thousands of people who have, in some cases, spent years seeking asylum.

August Flentje, special counsel for the U.S. Justice Department, told the appellate panel Tuesday that "Congress has expressly authorized the president to suspend entry of categories of aliens". The Justice Department's appeal against the temporary injunction was followed online by more than 130,000 people and broadcast live to millions more on television.

The travel ban would prompt businesses to build operations outside the United States, said the companies. Finally, the state of Washington argued that the order amounted to religious discrimination as it targeted countries which are mostly made up of Muslims.

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How and when a case might get to the Supreme Court is unclear.

Ninth Circuit judges William Canby and Michelle Friedland questioned the DOJ's Flentje about the president's rationale for the ban in the first place. "This is not about religion - this is about terror and keeping our country safe", Trump said in a statement following his signing of the executive order.

"It's as plain as you could have it", the president said. "The Court should decline", the states' attorneys said.

"To be clear, this is not a Muslim ban, as the media is falsely reporting". All the people who had carried out fatal attacks inspired by Islamist militancy in the United States since the September 11, 2001, attacks had been USA citizens or legal residents, the New America think tank said.

Trump frequently promised during his 2016 election campaign to curb illegal immigration, especially from Mexico, and to crack down on Islamist violence. The nationwide suspension forced the Department of Homeland Security (DHS) to allow the visitors and refugees affected by the ban to enter the United States.

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