“Although the Supreme Court has certainly encouraged deference in our review of immigration matters
that implicate national security interests,” he wrote, “it has not countenanced judicial abdication, especially where constitutional rights, values, and principles are at stake.”
It was more than plausible, he added, that the revised order’s “stated national security
interest was provided in bad faith, as a pretext for its religious purpose.”
“The government has repeatedly asked this court to ignore evidence, circumscribe our own review,
and blindly defer to executive action, all in the name of the Constitution’s separation of powers,” Judge Gregory wrote.
Appeals Court Will Not Reinstate Trump’s Revised Travel Ban -
By ADAM LIPTAKMAY 25, 2017
WASHINGTON — A federal appeals court refused Thursday to reinstate President Trump’s revised
travel ban, saying it “drips with religious intolerance, animus and discrimination.”
The decision, from the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., was a fresh
setback for the administration’s efforts to limit travel from several predominantly Muslim countries.
“Then-candidate Trump’s campaign statements reveal
that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States,” Judge Gregory wrote.