A federal judge in Honolulu blocked President Trump’s revised travel ban, issuing a nationwide, temporary restraining order that that will prevent the ban from going into effect.
In an interview with CNN, last week, Neal Katyal, one of Hawaii’s lead attorneys, said, “To be sure, the new executive order covers fewer people than the old one.” But, in his view, the ban still “suffers from the same constitutional and statutory defects.”
Federal Judge, Derrick Watson, said he couldn’t turn a blind eye to Trump’s statements during the campaign. Trump explicitly, in no uncertain terms, called for a “complete and total shutdown of Muslims entering the country.” The original ban made an exception for Christian refugees to enter the United States while banning all others from predominantly Muslim countries. Furthermore, Rudy Giuliani, said on FoxNews, “I’ll tell you the whole history of it. So when (Trump) first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally.” These statements are devastating to any case the administration wants to make this isn’t a Muslim ban.
Ilya Somin, a George Mason University law professor, said, “Those statements are definitely relevant, because there’s a longstanding doctrine that there can be laws or executive orders that on their face don’t discriminative on the basis of race or religion but that is their motive — and if that is their motive, they can be struck down.”
Other states – Washington, California, Maryland, Massachusetts, New York and Oregon – have filed separate lawsuits against the ban.
The administration is almost certain to appeal and the case will return to the ninth circuit, potentially make its way to the Supreme Court.