White House moves travel ban date to avoid mooting case

Another US appeals court keeps US President Donald Trump's travel ban blocked

The ruling by a three-judge bench of the US Court of Appeals for the Ninth Circuit was against the revised travel ban. Hopefully, all of that will soon change. That ruling said the executive order violated US immigration law.

But what this latest turn of events underscores is that the executive order is just an appetizer for the "extreme vetting" Trump has promised, and the president's latest tweets on the matter show that he is just as determined as ever to keep Muslims out.

CCP waded into one recent case, Susan B. Anthony List v. Driehaus decided by the Supreme Court in 2014, which ruled in favor of challengers to an OH law prohibiting false statements during a political campaign. But a party aggrieved by an adverse class certification decision also need not satisfy the strict standards for taking an interlocutory appeal; instead, under Rule 23 (f), a "court of appeal [] may permit an appeal from an order granting or denying class-action certification. if a petition for permission to appeal is filed with the circuit clerk within 14 days after the order is entered". The 9th Circuit ruling says it can now go ahead with that. The 4th Circuit's ruling took that question head-on, agreeing that the ban officially disfavored Islam-as evidenced by Trump's campaign statements calling for a "total and complete shutdown" on Muslims entering the US -and was thus unconstitutional.

Trump's planned drop-by for the official investiture of Justice Neil Gorsuch comes as the president's lawyers make nearly daily filings with the justices in an attempt to revive his ban on refugees and travelers from six mostly Muslim countries.

The Supreme Court on Tuesday set a new briefing schedule, meaning the highest court in the judicial branch in the coming days will decide whether to lift the temporary lower court injunction and whether to hear the Trump administration's appeal against the injunction that blocked the order's implementation.

The president then rewrote his executive order rather than appeal to the U.S. Supreme Court at that time.

But the court is scheduled to end its term June 26, so that would seem to mean even if the court accepted the case, it would not be scheduled for argument until the fall. The start date on the original order was March 16.

"Today's ruling once again demonstrates the near-unanimity of judges in ruling against any type of 'Muslim ban, '" said CAIR National Litigation Director Lena Masri.

As for Gorsuch's investiture ceremony, there will probably be no explicit talk of Trump's travel ban but the controversial executive order will surely loom large nonetheless. Only time will tell.



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