Just when you thought it was over, it continues to make headlines everywhere. President Trumps’ travel ban is back in the news, as it hits another legal step, this time, an appeals court in Richmond, Virginia.
It was two months ago that a Maryland federal judge halted the travel ban that looked to bar individuals from six majority-Muslim nations from coming into America, with a time frame of 90 days.
Now, the battle is being brought forth to the federal appeals court, where generally an assignment panel of three random judges would hear the case. In this instance however, “en banc” will occur, which means the case will be reviewed by a full court. It is being reported that out of the 13 judges, ten have been appointed by a Democratic president.
CNN reported that this is not the first legal obstacle that Trump has had to deal with over the travel ban. The original ban was blocked across the country after a Seattle federal judge, the 9th US Circuit Court of Appeals, did not reinstate it. The Trump administration spend weeks after that, rewriting and rewording it to ensure no mention of religion was within the executive order and also exempted quite a few foreign travel categories. Yet, this revision has still been insurmountable in court.
Theodore Chuang, US District Court Judge, concluded this past March that regardless of the changed, the ban was still a ‘long-envisioned Muslim ban.’; which was also based on Trump’s promises during his campaign and content that existed on his website around the prevention of Muslim immigration.
Still, if the current administration is successful on this 4th Circuit, will the travel order simply be placed in effect right away? The answer seems to be ‘no’. Another federal judge, US District Court Judge Derrick Watson in Hawaii, released a ruling country-wide that stopped the travel order on the same reasoning Chuang had; that it goes against the Establishment Clause of the Constitution. Therefore, if Trump is successful with this recent legal battle, the case then returns to a district court judge for further review around the key ideas of the revised travel ban and it will continue to be on hold until Watson’s decision is still intact. Appeal against this ruling will begin on May 15th in Seattle at the 9th Circuit Court of Appeals.