5 Things to Know About the Ruling Blocking Trump’s Travel Ban
The government argued that the executive order on its face contained no evidence of religious animus or discrimination. The six nations, the government argued, were chosen simply because they represent a national security threat.
But Judge Watson didn’t buy the government’s justification. While he acknowledged that the administration had effectively scrubbed the order of any mention of religion, he couldn’t get around comments referring specifically to Muslims that were made by Mr. Trump and others before the order came down.
He cited a 2015 news release by Mr. Trump announcing that “Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States,” and a conversation in which Trump campaign adviser Rudolph Giuliani said Mr. Trump asked him to help put together a legal “Muslim ban.”
Judge Watson cited precedent allowing courts to rely on out-of-court statements in making his ruling. Still, legal experts said a central issue on appeal could be whether Judge Watson was right in citing statements made on the campaign trail and elsewhere before the order came down.
Published at Thu, 16 Mar 2017 04:09:59 +0000