In what seems like a big blow to President Donald Trump, a U.S. Court Of Appeal on Thursday rejected passing the temporary travel ban placed on six predominantly Muslim nations, opening the stage for a possible legal tussle in the Supreme Court.
The ruling, delivered by Chief Judge Roger Gregory, said Trump's executive order in forceful terms, saying it applies "vague words of national security, but in context drips with religious discrimination, animus, and and intolerance."
White House declined to comment
The White House refused to make a statement on the ruling but rather directed questions to the U.S.
Department of Justice, which delayed response to a request for comment. The Trump administration has repeatedly defended the temporary ban, saying the travel ban would prevent terrorists and extremists from attacking the US.
In its verdict, the 4th Circuit Court of Appeals affirmed that those who challenged the ban, which includes individuals and refugee groups, has a great chance to succeed in their suit as the executive order contravenes the U.S. Constitution’s provision against favoring a particular religion over another.
Final verdict for the Supreme Court
The U.S. Supreme Court has the final say, and there is a likelihood that the Trump administration will appeal the ruling. The government also has the option to file an emergency application seeking for a court declaration to put the other into effect while the legal battle continues.
According to the judge, a person who carefully observes would likely agree that the order’s main aim is to ban certain people from entry into the United State on the basis of their religious beliefs.
The administration had argued that the court should not take into consideration President Trump’s comments during the campaign of the presidential election since they happened before he assumed office on January 20, 2017.
The Appeal Court rejected the argument by the administration that the president has the authority to block the entry of people he deemed unfit to be in the United States.
The President's power to ban
Majority of the Judges were of the opinion that though Congress gave the President enormous power to refuse entry to aliens, that no power is absolute. It must be checked when, as in this case, the President exercises it through an executive edict that portends irreparable damage to people across the United States.
