JUST hours before it was set to go into effect at the stroke of midnight on March 16th, Donald Trump’s second try at an executive order to pause travel from several Muslim-majority countries was batted down by a federal district court in Hawaii.
Judge Derrick Watson, nominated to the bench by Barack Obama and confirmed unanimously by the Senate in 2013, was unimpressed with Mr Trump’s attempt to immunise his revised ban from its illicit discriminatory origin. The 43-page order did not mince words. “The illogic of the Government’s contentions”, Mr Watson wrote, “is palpable”.
The judge began by noting that the new ban differed in certain respects from the first. Travel restrictions on America’s lawful permanent residents and on people already holding visas abroad were lifted. Language suggesting that Christian refugees would be favoured over Muslims was deleted. And Iraq was removed from the list of banned countries, leaving six: Iran, Libya, Somalia, Sudan, Syria and Yemen. But Mr Watson wrote that the plaintiffs made a good case for their claim that the heart of Mr Trump’s order—a 90-day suspension of all travel from those countries, and a 120-day pause on the entry of new refugees—amounted to religious discrimination against Muslims. On this basis, Mr Watson issued a temporary restraining order on Mr Trump’s ban that applies nationwide. Until a full trial can be held on the matter—or until a higher court lifts the order—the president’s travel ban remains stymied.
It has been a little over a month since a judge in Washington state blocked Mr Trump’s first ban, a decision that was upheld unanimously by a three-judge panel at the Ninth Circuit Court of Appeals. This time around, the constitutional analysis shifted from due-process rights under the Fourteenth Amendment to the rule in the First Amendment barring the government from “establishing” religion or discriminating against certain faiths. Mr Watson scoffed at the Trump administration’s claim that the order’s “religiously neutral text”—and its inapplicability to 44 of the “world’s 50 Muslim-majority nations”—are saving graces. “The notion that one can demonstrate animus towards any group of people only by targeting all of them at once”, Mr Watson wrote, “is fundamentally flawed”. The judge then cited several statements by Mr Trump’s advisers to show that the revised ban was, in effect, the same wine in a slightly gussied-up wineskin. He recited the plaintiff’s citation of Stephen Miller’s appearance on Fox News when Mr Miller, a senior adviser to Mr Trump, said the second ban promised the “same basic policy outcome for the country” as its judicially addled predecessor.
Source:- economist .com
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