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The 9th Circuit Has Ruled Against President Trump's Travel Ban

On June 12, 2017, a three-judge panel from the 9th Circuit Court of Appeals has ruled against President Trump’s so-called revised executive order limiting travel from six predominantly Muslim countries.

The judges cited to President Trump’s latest tweets in the travel ban saga, stating:

“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.”

Specifically, President Trump tweeted on 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 9th Circuit also cited White House press secretary Sean Spicer’s confirmation that President Trump’s tweets are “considered official statements by the President of the United States.”

In contrast with the 4th Circuit Court of Appeals, which struck down the revised travel ban on constitutional grounds last month, the 9th Circuit was persuaded by statutory claims under the federal Immigration and Nationality Act, ruling that federal immigration law requires that the President exercise his authority only after meeting the precondition of finding that entry of an alien or class of aliens would be detrimental to the interests of the United States. Here, the President has not done so.”

You can read the 9th Circuit’s decision here: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/12/17-15589.pdf

Currently, justices of the US Supreme Court, are deciding whether they will take on the Trump Administration’s appeal of the 4th Circuit’s decision, on President Trump’s travel ban.

Stay tuned.

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