Trump Team's Words Could Sabotage the Second Travel Ban, Just Like the First
By Ed Kilgore
After the extensive litigation over the original Trump administration travel ban, and its revision to address the most egregious legal flaws, observers wondered if, when, and where the first new challenge in court would occur. Turns out federal District Judge Derrick Watson will rule on a suit by the State of Hawaii after arguments on March 15—the day before the revised order goes fully into effect.
Hawaii is technically amending its earlier complaint against the earlier travel ban, but that’s central to the state’s claim that this and the first travel ban represented veiled efforts to impose the “Muslim ban” Donald Trump initially promised as a presidential candidate.
The state’s amended complaint asserts a number of different claims, but primarily emphasizes the new executive order’s alleged discriminatory intent and effect, as well as the harm to Hawaii’s economy.
The religious discrimination argument is one the Ninth Circuit Court of Appeals pointed to, but did not definitively decide upon, in rejecting the Trump administration’s efforts to quash District Judge James Robart’s suspension of the original ban. It’s really not very easy to “fix” since it is based on the president’s own words—and those of his closest associates.
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http://nymag.com/daily/intelligencer/2017/03/trumps-teams-words-could-again-sabotage-the-travel-ban.html
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