Ninth Circuit Slaps Down Trump's Travel Ban a Third Time
The court, which heard oral arguments in the case last month, ruled that Trump exceeded his authority in issuing the Sept. 24 travel ban proclamation.
December 22, 2017 at 07:55 PM
3 minute read
The U.S. Court of Appeals for the Ninth Circuit upheld an injunction against the third iteration of President Donald Trump's travel ban executive order Friday.
The court, which heard oral arguments in the case last month, ruled that Trump exceeded his authority in issuing the Sept. 24 travel ban proclamation. The court said that, under the Immigration and Nationality Act, Trump could only ban immigrants based on nationality if he makes a “finding” that the entry of those individuals would be “detrimental to the interests of the United States.”
Trump, the three-judge panel ruled, failed to make such a finding before issuing the proclamation, which indefinitely bans immigrants from eight countries on the basis that those countries have insufficient information-sharing protocols when it comes to vetting immigrants and granting visas.
“The President is not foreclosed from acting to enhance vetting capabilities and other practices in order to strengthen existing immigration law, but must do so in a manner consistent with Congress's intent,” the per curiam opinion said. “Put another way, the President cannot effectively abrogate existing immigration law while purporting to merely strengthen it; the cure cannot be worse than the disease.”
The court, however, limited its ruling so that the injunction against the ban only applies to those with no bona fide relationship to the United States.
The case was brought by the state of Hawaii, a Muslim association and an individual affected by the Sept. 24 order. Hogan Lovells' Neal Katyal, who represented the state, said on Twitter that the ruling was a “thorough repudiation of Trump's position on both substance and procedure.”
Ct issued a thorough repudiation of Trump's position on both substance & procedure. "we doubt whether the Government's position could be adopted without running roughshod over the principles of separation of powers enshrined in our Constitution." https://t.co/R7uIZuJdfE
— Neal Katyal (@neal_katyal) December 23, 2017
In the opinion, the judges wrote that allowing the ban to take effect would be against the public interest.
“In assessing the public interest, we are reminded of Justice Murphy's wise words: “All residents of this nation are kin in some way by blood or culture to a foreign land.'” the opinion said, quoting from the dissent in Korematsu v. United States. “It cannot be in the public interest that a portion of this country be made to live in fear.”
The court stayed its decision, pending review by the U.S. Supreme court.
A separate challenge to the travel ban, brought by several immigrant rights groups and individuals, is pending in the U.S. Court of Appeals for the Fourth Circuit. That court heard oral arguments on the case en banc last month, just days after the Ninth Circuit.
Read the opinion below:
height=”480″>
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readMorrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250