Congratulations to District Judge Derrick K. Watson, in Hawaii, who, on Wednesday, issued what the Washington Post described as “a sweeping freeze of President Trump’s new executive order hours before it would have temporarily barred the issuance of new visas to citizens of six Muslim-majority countries and suspended the admission of new refugees.” I wrote about the original ban here, and the rulings shutting it down here and here, and wrote a follow-up about the reissued ban here, on March 7.
With some accuracy, the Post described Judge Watson’s 43-page opinion as “blistering,” adding that it “pointed to Trump’s own comments and those of his close advisers as evidence that his order was meant to discriminate against Muslims,” and noting that Judge Watson “declared there was a ‘strong likelihood of success’ that those suing would prove the directive violated the Constitution.”
In particularly damning language, Judge Watson declared that “a reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion.” Read the rest of this entry »
As a Russia-related scandal engulfs the White House, with the resignation of national security adviser Michael Flynn, Donald Trump’s disgraceful immigration ban continues to attract condemnation in US courts. The ban, which bars entry to the US to anyone from seven countries with mainly Muslim populations (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for 90 days, and refugees for 120 days (with a total ban on refugees from Syria) was first subjected to a nationwide stay nine days ago, when District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, declared that the ban was unconstitutional, and granted a temporary restraining order against it that applied nationwide. Washington State’s Attorney General Bob Ferguson had successfully argued in court that the ban “violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act,” as the Guardian described it.
Last week, three judges in the Ninth Circuit Court of Appeals in San Francisco upheld Judge Robart’s ruling, having found that the government had “pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States,” and added that, “[r]ather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all,” in the Guardian’s words.
Yesterday, in Virginia, a third blow for the government came when District Judge Leonie Brinkema, in Aziz v. Trump, issued a preliminary injunction against the order based specifically on the issue of religious discrimination. Read the rest of this entry »
There was great news yesterday from the Ninth Circuit Court of Appeals in California, as a panel of three judges unanimously upheld the stay on President Trump’s Executive Order barring entry to the US from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) whose populations are predominantly Muslim. The stay was issued five days ago by District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, and he is one of several high-level heroes resisting Trump’s racist contempt for the constitution, previously discussed in my articles, Trump’s Dystopian America: The Unforgivable First Ten Days and Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban.
As the Guardian reported, the court found that “the government has not shown a stay is necessary to avoid irreparable injury.” In particular, its ruling noted that “the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all.”
In a press release, the Constitution Project (a Washington-Based non-profit organization whose goal is to build bipartisan consensus on significant constitutional and legal questions) noted that the court rejected the Trump administration’s argument that “the president’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections,” and stated, “There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.” The Constitution Project also noted that the court added that Fifth Amendment protection against “deprivation of life, liberty, or property, without due process of law” applies to everyone within the United States, not just citizens. Read the rest of this entry »
A week after Donald Trump issued his disgraceful executive order banning visitors from seven mainly Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen), District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, appointed by George W. Bush, “granted a temporary restraining order … after hearing arguments from Washington State and Minnesota that the president’s order had unlawfully discriminated against Muslims and caused unreasonable harm,” as the Guardian described it.
In a second article, the Guardian explained that Judge Robart had “declared the entire travel ban unconstitutional,” noting that, although other states are also suing the government, Washington State’s Attorney General Bob Ferguson had “argued the widest case: that the Trump order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.”
Outside the courtroom, Ferguson said, “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately — shuts it down. That relief is immediate, happens right now. That’s the bottom line.” Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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