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Another appeals court begins review of Trump's travel ban

Questions have been asked whether the law is a ban on Muslims – which Trump promised during his election campaign.

FOR THE SECOND time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump’s revised travel ban – and once again, they can expect plenty of questions today about whether the ban was designed to discriminate against Muslims.

A three-judge panel of the 9th US Circuit Court of Appeals has scheduled arguments in Seattle over Hawaii’s lawsuit challenging the travel ban, which would suspend the nation’s refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.

Last week, judges on the 4th Circuit Court of Appeals heard arguments over whether to affirm a Maryland judge’s decision putting the ban on ice.

They peppered Acting Solicitor General Jeffrey Wall with questions about whether they could consider Trump’s campaign statements calling for a ban on Muslims entering the US, with one judge asking if there was anything other than “willful blindness” that would prevent them from doing so.

Today’s arguments mark the second time Trump’s efforts to restrict immigration from certain Muslim-majority nations have reached the San Francisco-based 9th Circuit.

After Trump issued his initial travel ban on a Friday in late January, bringing chaos and protests to airports around the country, a Seattle judge blocked its enforcement nationwide – a decision that was unanimously upheld by a three-judge 9th Circuit panel.

The president then rewrote his executive order, rather than appeal to the US Supreme Court, and in March, US District Judge Derrick Watson in Honolulu blocked the new version from taking effect, citing what he called “significant and unrebutted evidence of religious animus” in Trump’s campaign statements.

“Again, in this court, the President claims a nearly limitless power to make immigration policy that is all but immune from judicial review,” Hawaii Attorney General Douglas Chin wrote to the 9th Circuit.

“Again, he must be checked.”

Douglas Chin Caleb Jones / PA Images Caleb Jones / PA Images / PA Images

The administration’s lawyers are seeking to persuade the judges that the lower court’s decision is “fundamentally wrong,” and that the president’s order falls squarely within his duty to secure the nation’s borders.

The order as written is silent on religion, and neither Hawaii nor its co-plaintiff, the imam of the Muslim Association of Hawaii, has standing to sue, they say – arguments that were rejected in the lower court.

The travel ban cases are expected to reach the Supreme Court, but that would likely be cemented if the 4th and 9th Circuits reach differing conclusions about its legality.

Because of how the courts chose to proceed, a full slate of 13 judges heard the 4th Circuit arguments last week, while just three, all appointees of President Bill Clinton, will sit in Seattle.

For that reason – with the possibility for myriad concurring or dissenting opinions – it could take the 4th Circuit longer to rule, noted Carl Tobias, a law professor at University of Richmond law school in Virginia.

Read: US calls for tougher sanctions after North Korea fires ballistic missile

Read: Trump threatens to shut down daily press briefings ‘for the sake of accuracy’

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42 Comments
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    Mute Neal, not Neil.
    Favourite Neal, not Neil.
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    Nov 22nd 2016, 7:34 AM

    Which landfill is the nicest in the state?

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    Mute Crocodylus Pontifex
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    Nov 22nd 2016, 8:32 AM

    Gortadroma was fantastic but the council closed it

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    Mute Robespierre
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    Nov 22nd 2016, 1:51 PM

    @Neal, not Neil.: NIMBY – typical response by (fill in blank) rent-a-mouth politician.

    There is an alternative. We could massacre everybody in Kildare. Some might find that a little extreme however. Johnny Brady as a Shinner might have some useful tips on how we could pull it off though.

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    Mute Malvolio32
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    Nov 22nd 2016, 10:45 PM

    Glass houses robespierre!

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    Mute Martin Sinnott
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    Nov 22nd 2016, 7:01 AM

    Are they waiting for the incinerator to open ?

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    Mute John Moylan
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    Nov 22nd 2016, 9:42 AM

    ….now, if only there was a method of disposing waste in an efficient manner, in a compact (internal) space, and which had a by-product of energy or heat production……………oh, wait, yeah. Nah, can’t have that. Much better to FU the landscape instead.

    Muppets.

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    Mute Robin Bateman
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    Nov 22nd 2016, 12:41 PM

    @John Moylan: Is it that you are unaware of the 600,000 tonne incineration facility currently in build at Ringsend? Or is it that it was just too good an opportunity to have a go at someone or something?

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    Mute mickmc
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    Nov 22nd 2016, 7:00 AM

    Well sure our waste has to go somewhere and everyone going to say not in my back yard.

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    Mute Michael Mulvihill
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    Nov 30th 2016, 8:10 PM

    @mickmc:
    And what if a family has to leave their home. Because of toxic gas entering their home. They will have a lovely Christmas. They are Homless

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    Mute mickmc
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    Nov 30th 2016, 8:17 PM

    Ah well sure at least it not my house.

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    Mute Declan Gibney
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    Nov 22nd 2016, 11:40 AM

    The garden of Ireland is being used as a dump…yup, that pretty much sums up Ireland..

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    Mute Ciaran Rooney
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    Nov 22nd 2016, 6:58 AM

    What a space of waste

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    Mute Patrick O'Ruairc
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    Nov 22nd 2016, 7:22 AM

    Surely it’s a space of waste.

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    Mute Brendan Mason
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    Nov 22nd 2016, 10:23 AM

    A good place for shooting rats

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    Mute LesEnfant Perdu
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    Nov 22nd 2016, 7:00 AM

    What did I just read there? The whole article doesn’t make sense? I thought there was only 7 open landfills in Ireland?

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    Mute funkytown
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    Nov 22nd 2016, 7:54 AM

    What about halting sites?

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    Mute Vinnie Monaghan
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    Nov 22nd 2016, 6:48 AM

    Well that’s a load of rubbish.

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    Mute OnTheOutside
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    Nov 22nd 2016, 12:44 PM

    Hate to say this, but ever since the incident this year, where the goverment/local council or who ever the phek it is that stuck there noise into the pricing of disposing of waste. Decided it a good idea to try charge me for recycling waste, I am basically like (and I hate to say this) I couldn’t give two fúcks about what goes into the black bin. Whats the point, I am just going to get a price hike next year. I’m sure I am not alone on this and this is the result, along with privatization of the service, the waste service in Ireland is a mess.

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    Mute Stephen
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    Nov 22nd 2016, 1:15 PM

    Because some of what goes into the green bin does get recycled and avoids landfill. Do you presume 100% of the green bin is useful or has a recycle value. Thank the Chinese for wanting plastic and lots if cheap shipping to Asia or your bin charges would be alot higher. All black bin stuff is landfilled and its expensive to dispose of it correctly and don’t see you offering to be a landfill site. We all moaned about the incinerator yet rubbish has to go somewhere and there is finite space. Want to cut your waste bill? Cut the amount you bin, simple

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    Mute Diogenes
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    Nov 22nd 2016, 7:58 AM

    Jack Raynors gonna be p1ssed xD.

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    Mute Gerry Fallon
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    Nov 22nd 2016, 11:59 PM

    That’s not fair?wicklow gets everything and the rest of us get nothing!

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