As federal judges in Hawaii and Maryland blocked key parts of President Trump's revised executive order banning immigration from six majority-Muslim countries, five judges on the Ninth Circuit Court of Appeals issued a strong dissent to that court's refusal to reconsider its decision blocking the earlier version of Trump's order. But the Ninth Circuit dissenters argue that when it comes to immigration policy, Congress has given the executive branch broad authority to decide who gets to enter this country and who stays out. As with Washington State's challenge to the previous order, Judge Watson, an Obama appointee, cited the economic effects on the state including impact to state universities and reduced tourism. The judge also cited the effects on the state's Muslim residents including plaintiff Ismail Elshikh, imam of the Muslim Society of Hawaii. Both judges cited Trump's numerous public statements in favor of a "Muslim ban" as justifying challenges on constitutional grounds, including violations of the Establishment Clause prohibiting religious discrimination.
Source: Forbes March 16, 2017 15:04 UTC