9th Circuit Rules Against Trump’s Travel Ban: Immigration Not A One-Person Show

trump's travel ban
9th Circuit Rules Against Trump’s Travel Ban: Immigration Not A One-Person Show

The Ninth Circuit Court of Appeals has ruled against Donald Trump’s travel ban saying that “immigration, even for the President, is not a one-person show.”

The ruling from the three-judge panel of the Ninth Circuit Court of Appeals wrote, “We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress.

The judges also cited Trump’s tweet from June 5, 2017, in their ruling.  The court wrote: “Indeed, the President recently confirmed his assessment that it is the ‘countries’ that are inherently dangerous, rather than the 180 million individual nationals of those countries who are barred from entry under the President’s ‘travel ban.’”

The court cited one of Trump’s tweets from June 5, 2017: “That’s right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won’t help us protect our people!” the quoted tweet read. The court also included a link to a May statement by the White House that confirmed that all of Trump’s tweets are “considered official statements by the President of the United States.”

The judges largely reaffirmed the ruling by a Hawaii judge in March, which found that the core provisions of the revised executive order likely violated the Constitution because its primary purpose was to target Muslims.

Monday’s ruling will most likely be appealed to the Supreme Court, which is already considering a similar ruling from the 4th Circuit Court of Appeals in Virginia.

Separately, attorneys general from Maryland and Washington D.C. have sued Trump for violating the Emoluments clause over his failure to divest from his businesses:

New York Times:  Because Mr. Trump continues to own and profit from his business empire, the lawsuit claims, it is unclear whether he is making decisions in the country’s best interest or out of “self-interested motivations grounded in the international and domestic business dealings in which President Trump’s personal fortune is at stake.”

It argues that businesses owned by Mr. Trump divert customers away from businesses the District of Columbia and Maryland either own, license or tax, harming those governments financially. For example, it contends, the Trump International Hotel in Washington competes with facilities owned or operated by the city’s government, including the Walter E. Washington Convention Center, its armory and its Carnegie Library. It also competes with a government-owned conference center in Bethesda, Md., and a resort in Prince George’s County, Md., that generates tax revenue for the state, the suit claims.

They are also seeking Trump’s tax returns as part of their lawsuit. This is a big deal.