• Headlines
  • World News
  • Commercial Law
  • Famous Cases
  • Interviews
  • Photo News
  • Property Law
  • Lifestyle
Monday, January 18, 2021
  • Login
Gavel International
No Result
View All Result
No Result
View All Result
The Gavel
No Result
View All Result
Home World News

Legal challenges to Trump’s Muslim travel ban dismissed by lower court

by
June 8, 2020
Reading Time: 2 min
0
Legal challenges to Trump’s Muslim travel ban dismissed by lower court
Share on FacebookShare on Twitter
ADVERTISEMENT


A federal appeals court on Monday ordered a lower court to dismiss legal challenges to President Donald Trump’s 3-year-old ban on travellers from predominantly Muslim countries, finding that a judge misinterpreted a Supreme Court ruling that found the ban has a “legitimate grounding in national security concerns.”

RelatedPosts

Spain to legalize euthanasia and aided suicide

Facebook faces antitrust lawsuits for Privacy invasion of Instagram users and Illegal Monopolization from the FTC

#ENDSARS: President Buhari officially addresses protesting youths, assures extensive Police Reforms

The ban, put in place just a week after Trump took office in January 2017, sparked an international outcry from Muslim advocates and others who said it was rooted in religious bias.

A three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals ruled Monday that a federal judge in Maryland made a mistake when he refused to dismiss three lawsuits after the Supreme Court upheld the ban in 2018 in a separate case filed in Hawaii.

“We conclude that the district court misunderstood the import of the Supreme Court’s decision in Hawaii and the legal principles it applied,” Judge Paul Niemeyer wrote in the unanimous decision.

During a hearing in January, Mark Mosier, an attorney representing U.S. citizens and permanent residents whose relatives have been unable to enter the U.S. because of the ban, asked the court to allow the legal challenges to proceed.

Mosier argued that the Supreme Court — in the Hawaii case — rejected a preliminary injunction to block the travel ban, but did not decide the merits of the constitutional claims made in the lawsuits. The plaintiffs argued that the travel ban violates the First Amendment’s Establishment Clause, which prohibits the government from favouring one religion over another.

You should also READ  Kobe Bryant among Basketball Hall of Fame finalists

Mosier said the lawsuits should be allowed to proceed so the plaintiffs can gather evidence on their claim that the travel ban is rooted in anti-Muslim bias and that the Trump administration’s claim of national security concerns is a pretext for the policy.

But the three 4th Circuit judges who heard the case — all nominated by Republican presidents — repeatedly questioned Mosier about the Supreme Court’s finding that there is a plausible rationale to support the travel ban.

The ban applies to travellers from Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries, keeping out travellers from North Korea and some Venezuelan government officials and their families. In January, the administration imposed new entry restrictions — but not a total travel ban — on travellers from six additional countries, including Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania.

Trump has said the ban is aimed at making the U.S. safer from potentially hostile foreigners.

Joshua Waldman, an appellate attorney with the U.S. Department of Justice, argued that the Supreme Court “rejected precisely the same arguments” being made by the challengers in the Maryland cases.

U.S. District Court Judge Theodore Chuang had ruled that the lawsuits should move forward to the discovery phase, when the plaintiffs have said they would seek records from the Trump administration on the origins of the ban and how it has been enforced over the last three years.


Source link

Like this:

Like Loading...
Tags: court dismisses trump muslim travel ban challengeDonald Trumplower court trump travel banMuslim Travel Banmuslim travel ban challenges dismissednewsPoliticsTrump administrationTrump Muslim BanTrump muslim travel banTrump travel banWorld

Next Post
Democrats propose overhaul of police oversight, procedures following U.S. protests

Democrats propose overhaul of police oversight, procedures following U.S. protests

Discussion about this post

Trending News

  • Lagos to impound vehicles with covered plate numbers January 17, 2021
  • NDDC: Malami denies bribery allegation, seeks exposure of culprits January 16, 2021
  • Uyo community threatens legal action over radio station mast collapse January 16, 2021
  • Lagos AG, BoB member, Uthman differ on enforcement of Covid-19 regulations January 16, 2021
  • Cannabis sativa in the 21st century January 15, 2021
The Gavel

© 2020 Gavel International - Powered by Realdata.

Navigate Site

  • Headlines
  • World News
  • Commercial Law
  • Famous Cases
  • Interviews
  • Photo News
  • Property Law
  • Lifestyle

Follow Us

No Result
View All Result
  • Newsletter
  • Welcome to The Gavel

© 2020 Gavel International - Powered by Realdata.

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add The Gavel to your Homescreen!

Add
%d bloggers like this: