Ninth Circuit Also Puts Travel Ban on Hold, Based Not on Religion But on Government’s Failure to Justify Need for Action
Author: Ralph Gerstein.; Lois Gerstein.
Source: Volume 18, Number 04, Summer 2017 , pp.77-78(2)
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Abstract:
Continuing our analysis of legal challenges to President Trump’s Muslim travel ban, we examine the decision reached by the Ninth Circuit in State of Hawaii and Ismail Elshikh v. Donald Trump et al. Thisopinion, unlike that of the Fourth Circuit, did not reach a First Amendment religious issue, but put a hold on the ban because the Trump administration had failed to satisfy the statutory standards for justification on a total ban on travel. Read in conjunction with the Fourth Circuit’s ruling, the Ninth Circuit explains what colleges and universities (and their students and faculty) need to show to have standing to bring legal challenges to any anti-immigration measures which Trump may take.Keywords: 8 U.S.C. Section 1182(f); standing to bring suit; EO-1 and EO-2 Designated Countries
Affiliations:
1: Editor; 2: Editor.