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The Fourth Circuit Court of Appeals Refuses to Lift a Nationwide Block on President Trump's Travel Ban

On this page, we previously blogged about a federal judge in Maryland who specifically blocked the 90 day ban on immigration for citizens of the six Muslim majority countries.

Here’s an update- an appeal of this Maryland judge’s order was heard by the Fourth Circuit Court of Appeals. On May 25, 2017, in a 10-3 decision, the Fourth Circuit refused to lift the nationwide stay on President Trump’s travel ban concerning these six Muslim majority countries.

The Court warned that government missteps in dealing with religion can foster hostility and encourage persecution of minorities:

“The risk of these harms is particularly acute here, where from the highest elected office in the nation has come an executive order steeped in animus and directed at a single religious group.”
Because government policy that disfavors a specific religion violates the Establishment Clause, the ban cannot survive, the majority held.

You can read the Fourth Circuit’s full decision here:


Not surprisingly, the Attorney General of the United States has indicated that an appeal to the United States Supreme Court is forthcoming.

Stay tuned for further developments.