The 4th U.S. Circuit Court of Appeals has officially blocked Donald Trumps’ revised Muslim ban, upholding the lower court’s ruling. We couldn’t be more thrilled!
Ten of the thirteen judges who heard the case voted against the travel ban, with Chief Justice Roger L. Gregory writing the majority opinion.
The opinion was extremely strong and stated:
“Congress granted the President broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation.”
It then proceeded to list pages and pages of Islamophobia statements by Trump during his campaign and presidency as proof that the president was acting out of sheer racism.
The opinion also discusses the powers granted to the president by Congress and states,
“If, as the Government’s argument implies, Congress delegated to the President the authority to deny entry to an alien or group of aliens based on invidious discrimination against a race, nationality, or religion, then Section 1182(f) would encroach on the core constitutional values set forth in the First, Fifth, and Fourteenth Amendments: The President could deny entry to aliens of a particular race solely based on the color of their skin. The President could deny entry to citizens of a particular nation solely on the basis of their place of birth. The President could deny entry to adherents of a particular religion solely because of their subscription to that faith. Or, as this Court concludes the President likely did here, the President could rely on one form of invidious discrimination—discrimination based on national origin—to serve as pretext for implementing another form of invidious discrimination—discrimination based on religion.”
You can read the full opinion here.
Lena Finkel is the Editor and Founder of Femestella. Prior to starting Femestella, she worked at People, InStyle, Tiger Beat, and Sesame Workshop (aka Sesame Street). She loves all things Real Housewives and The Challenge. When she’s not busy binge-watching TV, you can find her taking an absurd amount of photos of her tuxedo cat Tom.