NBC NEWS: 4th Circuit Court of Appeals upholds block on Trump’s travel ban pic.twitter.com/yXojK94zJB
— Bradd Jaffy (@BraddJaffy) May 25, 2017
A Richmond, Va.-based federal appeals court on Thursday refused to reinstate President Trump’s ban on nationals from six majority-Muslim countries from entering the U.S., delivering a major blow to the Trump administration.
The Fourth Circuit Court of Appeals said in a 10-3 ruling that Trump’s executive order “speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another.”
In delivering the opinion of the court, Judge Roger Gregory wrote that 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,” he wrote.
The court’s decision keeps a Maryland court’s order blocking the ban in place.
The ACLU is declaring victory on Twitter:
We won in the 4th circuit court of appeals victory against President Trump's Muslim ban!
— ACLU National (@ACLU) May 25, 2017
At a rally in Mount Pleasant, South Carolina in December 2015, Trump read a statement calling for a “total and complete shutdown” of the entry of Muslims to the United States.
“Should I read you the statement?” he asked the crowd.
“Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what the hell is going on,” he said, adding the word “hell” for emphasis this time.