Trump delays effective date of travel ban amid court battle

Credit Alisdare Hickson Flickr

The president approved the changes in a memo as the high court considers whether it will allow the long-stalled ban to take effect.

The White House has consistently argued that the travel ban is well within Trump's powers as president - with Trump himself defending the ban as a necessity in a time of chaos.

The Supreme Court has asked the federal government and states challenging the ban to submit arguments.

"As has been noted numerous times, there was a provision in each Executive Order to make the ban permanent by Presidential decree", Modarres said.

According to the ABC News, at the heart of the 9th Circuit opinion Monday is the panel's determination that the president failed to show in his executive order that there were specific national security justifications for excluding nationals of the six designated Muslim countries (Iran, Libya, Somalia, Sudan, Syria and Yemen). "It does not provide any link between an individual's nationality and their propensity to commit terrorism or their inherent dangerousness".

The Ninth Circuit, however, had upset Rule 23 (f)'s balance.


"Frankly, I think any lawyer worth their salt 100 percent agrees that the president's fully within his rights and his responsibilities to do what is necessary to protect the country", spokesman Sean Spicer said.

The order also suspends the nation's refugee program for 120 days and imposes a new limit on the number of refugees accepted. But the case also underlies a disturbing truth: Even if opponents succeed in stopping President Donald Trump from implementing this particular version of the Muslim ban, the fight over the issue is far from over.

But if the conservative majority on the Supreme Court is inclined to stay within the "four corners" of the executive order's text and not broadly consider the motivation behind it, the 9th Circuit shows it still can not be upheld.

A United States appeals court recently upheld a decision that blocked the executive order signed by President Trump.

It also listed some reasons that travelers from those nations might be granted waivers allowing them into the US despite the policy. Richard Hasen, an election law expert and University of California Irvine law professor, noted in an article posted on his Election Law Blog a dissent by Ninth Circuit Judge Alex Kozinski at an erlier stage of the travel-ban litigation. The 4th Circuit's ruling took that question head-on, agreeing that the ban officially disfavored Islam-as evidenced by Trump's campaign statements calling for a "total and complete shutdown" on Muslims entering the USA -and was thus unconstitutional.

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