US Appeals court refuses to remove stay on travel ban

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Donald Trump Photo: UNI
Donald Trump Photo: UNI

US President Donald Trump just cannot get past the legal hurdle in trying to get his pet executive order on a controversial travel ban for Muslims run its course.

This time it is the US Court of Appeals for the Ninth Circuit. The court, say reports, refused to remove a lower court’s injunction on Trump’s executive order banning entry to the US (temporarily) of people from six Muslim nations. The original ban was on the grounds that the order went against constitutional provisions.

The appeals court has, though, left a small window of opportunity for Trump, saying that it can rightfully review the vetting process for people entering the country.

The court ruling said: “Immigration, even for the president, is not a one-person show. The president, in issuing the executive order, exceeded the scope of the authority delegated to him by Congress.”

This is a ruling that will be important if and when the US Supreme Court constitutes a nine-judge bench to hear Trump’s case. This is Trump’s request to the Supreme Court. This ruling is also in time for the states opposing the ban to get ready.

The appeal of the US Justice Department to the Supreme Court was against two lower court rulings. Trump wants people from Iran, Libya, Somalia, Sudan, Syria and Yemen banned for 90 days.

         —India Legal Bureau