US appeals to higher court ruling against  Trump’s travel ban

13:45 • 18.03.17



The US government took the legal battle over President Donald Trump's travel ban to a higher court on Friday, saying it would appeal against a federal judge's decision that struck down parts of the ban on the day it was set to go into effect.


The Department of Justice said in a court filing it would appeal against a ruling by US District Judge Theodore Chuang in Maryland to the 4th US Circuit Court of Appeals in Richmond, Virginia, Reuters reports. On Thursday, Chuang issued an emergency halt to the portion of Trump's March 6 executive order temporarily banning the entry of travelers from six Muslim-majority countries. He left in place the section of the order that barred the entry of refugees to the United States for four months.


Another federal judge in Hawaii struck down both sections of the ban in a broader court ruling that prevented Trump's order from moving forward.


In Washington state, where the ban is also being challenged, US District Court Judge James Robart put a stay on proceedings for as long as the Hawaii court's nationwide temporary restraining order remained in place, to "conserve resources" and avoid inconsistent and duplicate rulings.


The decisions came in response to lawsuits brought by states' attorneys general in Hawaii and refugee resettlement agencies in Maryland who were represented by the American Civil Liberties Union and the National Immigration Law Center.


Detractors argue the ban discriminated against Muslims in violation of the U.S. Constitution's guarantee of religious freedom. Trump says the measure is necessary for national security to protect the country from terrorist attacks.


White House Press Secretary Sean Spicer told a media briefing the government would "vigorously defend this executive order" and appeal against the "flawed rulings."

 

The Department of Justice filed a motion late on Friday night seeking clarification of Hawaii’s ruling before appealing to the 9th Circuit U.S. Court of Appeals in San Francisco.


The 9th Circuit court last month upheld a decision by Judge Robart that halted an original, more sweeping travel ban signed by the President on Jan. 27 in response to a lawsuit filed by Washington state.

 

The new executive order was reissued with the intention of overcoming the legal concerns.


Trump has vowed to take the fight all the way to US Supreme Court.


The 4th Circuit is known as a more conservative court compared to the 9th Circuit, said Buzz Frahn, an attorney at Simpson Thacher & Bartlett who has been tracking the litigation nationwide.

 

"The government is probably thinking that the 4th Circuit ... would lend a friendlier ear to its arguments," he said.


Judges have said they were willing to look behind the text of the order, which does not mention Islam, to probe the motivation for enacting the ban, Frahn said. Trump promised during the election campaign to ban Muslims from entering the United States.


The US Supreme Court is currently split 4-4 between liberals and conservatives, with Trump's pick for the high court - appeals court judge Neil Gorsuch - still awaiting confirmation.


Hans von Spakovsky, from the Washington D.C.-based Heritage Foundation, said the Department of Justice might want to time their appeals to reach the Supreme Court after Gorsuch is confirmed. He said the court would be likely to hear the case.


"They will take it because of its national importance," Spakovsky said.





LATEST NEWSAll Today news

16:04 • 28/06

No plan to dispatch Armenian peacekeepers to Syria – defense minister  

15:42 • 28/06

PACE President Agramunt expelled from EPP  

15:21 • 28/06

Tommy Hilfiger walks daughter down the aisle in self-designed gown as she weds longtime beau in Mustique

14:44 • 28/06

Energy sector keystone of Armenian-German cooperation - minister

14:00 • 28/06

Cyber attack sweeps globe, researchers claim 'WannaCry' link

13:22 • 28/06

Hayots Ashkarh: Unemployment rate down in Armenia

13:05 • 28/06

Six 'with links to ISIS’ arrested in raids across Europe  

12:47 • 28/06

Full-scale war over Nagorno-Karabakh ruled out – Vigen Sargsyan

12:29 • 28/06

Toshiba sues Western Digital over interference in memory chip sale

12:07 • 28/06

Families of fallen soldiers to have housing problems resolved by late 2017 – minister

11:43 • 28/06

Council of Europe’s Jagland calls for enforcing justice in Turkey

11:25 • 28/06

$220,000 raised for landmine clearance in Karabakh

11:15 • 28/06

Armenians increasingly prefer Greece resorts this summer season

10:19 • 28/06

After a century, Syrian refugees return to Armenia – The New York Times

10:11 • 28/06

Erdogan hints possibility of new Syria military operations  

09:40 • 28/06

Dragon Tattoo actor Michael Nyqvist dies at 56

09:15 • 28/06

Helicopter attack Venezuela Supreme Court

17:57 • 27/06

Queen Elizabeth to receive £6m pay increase from public funds

17:39 • 27/06

Unique 7000-year-old figurine found in field

17:24 • 27/06

Ukraine, Karabakh conflict key issues at OSCE Annual Security Review Conference

17:13 • 27/06

Volvo's self-driving cars 'confused' by kangaroos

17:06 • 27/06

Tiny shelter by architecture students could offer a solution to homelessness

16:30 • 27/06

Russia's warm relations with Baku, Yerevan stabilizing factor for region – Russian expert

15:50 • 27/06

White House warns of new Syria chemical attack

15:37 • 27/06

Google hit by record-breaking EU fine for search engine results

15:28 • 27/06

Mosul celebrates its first religious holiday without ISIS in three years

15:07 • 27/06

We hail any initiative aimed at job creation - official

14:40 • 27/06

Syrian-Armenians fleeing to ancestral homeland – The Economist

14:23 • 27/06

Cyprus to build 'Europe's largest casino'

14:08 • 27/06

Armenia to attract 3 million tourists annually – official

13:41 • 27/06

127 Istanbul schools have ‘historic building’ status

13:23 • 27/06

Armenian businessman killed in Moscow

12:27 • 27/06

California-Armenian father of missing 5-year-old boy charged with murder

12:11 • 27/06

Armenia’s 2016 budgetary plan 96% complete – official

11:33 • 27/06

Russell Westbrook named MVP of the season at NBA awards

11:26 • 27/06

ISIS fighters are given 'passports to paradise' 

11:01 • 27/06

Zhoghovurd: Army leadership knows true idea behind defense, says ex-minister

10:30 • 27/06

New US travel rules apply also to Armenian citizens

10:01 • 27/06

Gmail to stop ad-targeting email scans

09:34 • 27/06

Tillerson, Lavrov discuss Syria crisis

09:14 • 27/06

US Supreme Court takes up Trump’s travel ban case

20:00 • 26/06

More than 300 applications for Sevan Startup Summit 2017

18:00 • 26/06

Macron, Poroshenko voice hope to resolve Ukraine crisis

17:50 • 26/06

Serzh Sargsyan congratulates top Iranian leaders on Islamic Revolution Feast of Sacrifice

17:35 • 26/06

SpaceX carries 10 satellites into orbit

17:20 • 26/06

Battery breakthrough could soon mean charging smartphones four times a year  

17:00 • 26/06

Trump abandons traditional White House Ramadan celebration

16:45 • 26/06

Leak shows what the Apple iPhone 8 may look like

16:38 • 26/06

Girl, 14, saved in fall from New York fun park ride

16:17 • 26/06

Armenia rejected Israeli offer to buy armament, says former Knesset member

15:31 • 26/06

Armenian parliament vice speaker elected PACE vice president

15:21 • 26/06

Armenian MP concerned over violations of EEU agreement

14:57 • 26/06

Video featuring Armenian military fight back Azerbaijani aggression goes viral

14:21 • 26/06

Harry Potter turns 20

13:58 • 26/06

Armenian economy heavily affected by Russian financial crisis - minister  

12:52 • 26/06

Armenian State Revenue Committee officials attend Customs Union board meeting in Kazakhstan

12:11 • 26/06

Armenia’s 2016 state debt totals US$5.9bn - minister

11:43 • 26/06

Ohio government website hacked in pro-Islamic rant

11:36 • 26/06

Johnny Depp apologizes for Trump assassination joke

11:24 • 26/06

No tourist flights to Turkey's Antalya this year – civil aviation official

10:28 • 26/06

Mario Balotelli signs one-year contract with Nice

10:24 • 26/06

Six officers hurt as campaigners clash with riot police in London protest

09:59 • 26/06

Turkish police stifle Gay Pride rally in Istranbul

09:34 • 26/06

Prince Harry 'wanted out' of Royal family

09:23 • 26/06

At least 7 killed in Kashmir cable car accident

09:13 • 26/06

Six killed as Colombia boat sinks in north-western reservoir

15:07 • 24/06

France lands €1.1b armoured vehicle deal from Belgium

14:46 • 24/06

18-sec video features Apple build brand-new campus

14:27 • 24/06

Ambitious but without financial justification – Armenian economists on new government program

13:26 • 24/06

Russia supplies Azerbaijan with new batch of weaponry

13:18 • 24/06

Hidden treasure: Lake Sevan listed as affordable tourist destination in Europe

12:39 • 24/06

Erdogan: Turkey, Azerbaijan share similar stance on Karabakh peace

12:14 • 24/06

Armenian authorities economically dependent on EU – political engineer

10:51 • 24/06

IMF approves $21.6m loan disbursement to Armenia

10:34 • 24/06

168 Zham: Measures Armenia should take to lift visas with EU

09:49 • 24/06

Armenian appointed principal at Fresno’s Charlie Keyan School

09:27 • 24/06

More than 100 reported missing in China landslide

17:59 • 23/06

Former government program groundwork for new program’s success - parliament official

17:32 • 23/06

Barcelona star Neymar announces split from girlfriend

17:12 • 23/06

Ex-ombudsperson backs EU envoy’s call for enhancing electoral processes

16:46 • 23/06

Chicago’s new Apple Store to use giant MacBook for a roof

16:31 • 23/06

Armenian film director Ruben Gevorgyants dies

15:49 • 23/06

Today marks two years since Electric Yerevan protests (photos)

14:44 • 23/06

Ambitious but justified – Republican MP on government program

13:57 • 23/06

Mangy mutts: Contestants for the 2017 World's Ugliest Dog contest

13:40 • 23/06

Armenian premier hails government program as promising

13:06 • 23/06

Russian warships launch cruise missiles in Syria

12:24 • 23/06

Turkey rejects Greek criticism of Hagia Sophia prayers

12:11 • 23/06

Armenian weightlifter named winner of European youth championship

11:47 • 23/06

We all back incumbent prime minister - ex parliament speaker

11:19 • 23/06

Charles Aznavour to Receive a Star on the Hollywood Walk of Fame

11:02 • 23/06

Armenian government's program promises slow development in the long run – economist

10:21 • 23/06

Thousands gather to mourn 'profound loss' of US student convicted in North Korea

10:00 • 23/06

Qatar neighbors issue list of demands to end crisis

09:30 • 23/06

US Patience with North Korea is over, says Vice President Pence

09:17 • 23/06

UN deeply concerned over situation in Nagorno-Karabakh

18:30 • 22/06

BALDI starts seasonal hot sales 

17:51 • 22/06

Armenian president attends EPP summit in Brussels

17:38 • 22/06

Outrage after a brown bear is spotted reduced to skeleton at a Chinese zoo

17:25 • 22/06

FM Nalbandian to attend Serbian president’s inauguration event