Law Offices of Chris M. Ingram


Trump’s ‘Muslim Ban’ Suspended by Court

by Darron on February 10, 2017

On February 9th, 2017,  in a 3 – 0 unanimous decision, the 9th Circuit Court ruled in favor of continuing the suspension of the ‘Muslim Ban’. In other words, the ruling continues the Temporary Restraining Order issued by the Republican-appointed Federal District Court Judge James Robart.
President Trump now has several options: Option 1 – Appeal the decision to the Supreme Court – this will take months, perhaps longer than 90 days; Option 2 – Not bother to take the matter any further – unlikely; or Option 3 – Write a new, less restrictive Executive Order, still seeking to ban people from the seven countries on the list: Iran, Iraq, Yemen, Libya, Somalia, Syria, and Sudan. The idea in option three is to tailor the Executive Order so as to exempt Green Card holders and those with dual citizenship with the listed countries. A revised Executive Order may allow those who already have visas to work or study in the US, although this group has not been shown any consideration by the Trump Administration thus far.
Circuit Court judges
Even if President Trump decided to re-draft a new Executive Order seeking to ban Muslims from the seven listed countries lawyers could still file a new injunction if they felt the restrictions were unconstitutional. President Trump, having now lost two Court decisions regarding the ban, has to weigh up the risks and potential embarrassment of losing a third time.
If Trump appeals to the Supreme Court, some legal scholars feel he might yet win on a technicality known as ‘Standing’.  To have legal standing means that you personally or an entity will be irreparably harmed by the other party. Some legal scholars have taken the opinion that Washington and Minnesota State as entities lack standing because they have not directly suffered or will suffer irreparable harm and, moreover, there is no impediment why anyone personally harmed by the Executive Order could not themselves file suit. So far the issue of Standing has not been fully litigated and if the Supreme Court were to be offered the case for adjudication, the very first matter to be considered would be the issue of Standing.
Other legal scholars believe that the Supreme Court will not hear this matter until there has been a full hearing and ruling on the merits of this case at a lower court, where the issue of standing would also need be litigated. The main thing, for now, is that the suspension of the “Muslim ban” will remain in force until a court rules otherwise, or President Trump withdraws the Executive Order.
Given the expected legal challenges that will be fast and furious, we will be sure to provide updates. We recommend you follow us on Facebook for the most recent updates. In the meantime, if you have a visa situation and need our help, please do not hesitate to complete an enquiry form with any questions.

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Trump’s ‘Muslim Ban’ Suspended by Court | Emigrating to The USA
February 10, 2017 at 3:39 pm

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