Feb 092017

The Rule Of Law Prevails: Travel Ban Remains Suspended

Three Honorable Justices: Judge Michelle T. Friedland, appointed by President Barack Obama; Judge William C. Canby Jr., appointed by President Jimmy Carter; and Judge Richard R. Clifton, appointed by President George W. Bush UNANIMOUSLY upheld Judge Robart’s ruling (which temporarily lifted the travel ban) and refused to reinstate it.

The Rule Of Law Prevails: The Travel Ban Remains Suspended!

Even though the government’s lawyers attempted to argue that the President’s decisions are “unreviewable”; their contention has been not only dismissed but rebuked. The United States of America have a Constitution and a legal system. No one, the President included, is above the law or “unreviewable”.

The three judges of the United States Court of Appeals for the Ninth Circuit, in San Francisco, pointed out that the President’s travel ban violated the constitutional law of non-discrimination based on religion, inflicted hardship on individuals, businesses and learning institutions. (National security experts noted that President Trump’s executive order on the travel ban poses a threat to national security, inspires terrorism, attracts more followers to ISIS and worse: it alienates U.S. allies in the fight against terrorism.)

Government lawyers failed to substantiate the President’s claim that travelers from the seven singled out predominantly Muslim countries pose a threat to national security: there is no current terrorism threat, there has never been a terrorist act against America committed by anyone from Iraq, Iran, Syria, Sudan, Libya, Somalia or Yemen.

President Trump has reacted with anger and tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” indicating his intent to appeal the decision in the Supreme Court. (To his credit at least this time he didn’t refer to the judges as “so-called-judges”…)

There are three branches of government in the United States: Executive, Legislative and Judicial. For the President to disrespect or disparage any one branch of the government (which – by the way – is his equal!) is shocking.

Even his own nominee for a Supreme Court justice, Judge Neil Gorsuch, called the denigration of judges (President Trump calling U.S. District Senior Judge James Robart “so-called-judge” or his statements about U.S. District Judge Gonzalo Curiel would be excellent examples) “disheartening” and “demoralizing”.

We hope that the President’s wrath won’t harm either the judges of the United States Court of Appeals for the Ninth Circuit in San Francisco or their careers. Their shared commitment to upholding the Constitution and the law, their judicial integrity and personal courage deserve the highest respect.

Anything L.A. Magazine’s Editor, E. Elrich



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