Fed. Appeals Court Upholds Travel Ban Block

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Good. Send it to the Supremes where it will be easy as pie.

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Circuit Court Upholds Block on Trump's Travel Ban

Of the 13 judges on the panel, three were appointed by Republican presidents and nine were appointed by Democrats

The Fourth Circuit Court of Appeals has upheld a halt on enforcing the Trump administration's so-called travel ban, NBC's Pete Williams reported Thursday.

The ban sought to suspend the nation's refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.

A federal judge in Maryland who blocked the travel ban in March cited Trump's comments as evidence that the executive order is a realization of Trump's repeated promise to bar Muslims from entering the country.

LINK

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Should be an easy decision.

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Gee, who saw this coming? SCOTUS will reverse this. I don't know why Trump didn't request an expedited hearing anyway and bypass the Appeals.

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Even more, flowing from EO-2 is the alleged state-sanctioned message that foreign-born Muslims, a group to which Doe #1 belongs, are “outsiders, not full members of the political community.” Moss, 683 F.3d at 607 (quoting McCreary, 545 U.S. at 860).

Doe #1 explains how the Second Executive Order has caused him to fear for his personal safety in this country and wonder whether he should give up his career in the United States and return to Iran to be with his wife. J.A. 306.

This harm is consistentwith the “[f]eelings of marginalization and exclusion” injury we recognized in Moss. 683 F.3d at 607. In light of these two injuries, we find that Doe #1 has had “personal contact with the alleged establishment of religion.” Suhre, 131 F.3d at 1086.

Regardless of whether EO-2 actually violates the Establishment Clause’s command not to disfavor a particular religion, a merits inquiry explored in Section IV.A, his injuries are on par with, if not
greater than, injuries we previously deemed sufficient in this context. See Moss, 683 F.3d at 607 (finding Jewish daughter and father who received letter describing public school policy of awarding academic credit for private, Christian religious instruction suffered injury in part because they were made to feel like “‘outsiders’ in their own community”

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