Appeals Court Declines Hawaii's Request on Trump's 'Travel Ban'

  • Appeals Court Declines Hawaii's Request on Trump's 'Travel Ban'

Appeals Court Declines Hawaii's Request on Trump's 'Travel Ban'

In the course of that ruling, however, the court of appeals explained that the plaintiffs had filed the wrong sort of motion: instead of a motion to clarify the preliminary injunction as it had been partially stayed by the Supreme Court, the plaintiffs should simply move to enforce the preliminary injunction if they believe the government is violating it. That, said the Ninth Circuit, is the sort of motion that the district court can and should entertain.

Hakim Ouansafi, president of the Muslim Association of Hawaii, said he respects Watson's ruling but thinks there will be more opportunities to ensure the ban does not exclude grandparents and others close family members.

On June 26, 2017, the United States Supreme Court modified the injunctions imposed by federal trial judges in Hawaii and Maryland against the President's national security Executive Order.

While a three-judge panel of the 9th Circuit - all Clinton appointees - claimed to not have jurisdiction over Hawaii's case, it suggested the state could go back to the district court with a different challenge.
"When you exclude that many people, the circle is much wider".

A federal judge in Hawaii on Thursday, July 6, left Trump administration rules in place for a travel ban on citizens from six majority-Muslim countries.

The state of Hawaii, which challenged a previous version of the ban in March, objected again in court.

As one would expect, the mainstream media is downplaying the significance of the Hawaii judge's denial of the State's efforts to bypass the Supreme Court and his decision to leave untouched the modified injunction. While the Justices are in their summer recess, they can be reached to act on emergency matters that arise while they are out of session.

A relationship created for purposes of avoiding the travel ban would not bebona fide, the justices said. The administration appealed to the San Francisco-based 9th U.S. Circuit Court of Appeals, which largely upheld Watson's injunction.

Hawaiʻi alleges that the Trump Administration's guidelines issued on June 29 are overly restrictive and do not comply with the Supreme Court's ruling.

The court's majority said a close family relationship in the U.S. was required to enter the country and a spouse or mother-in-law would clearly be permitted.

Justin Levitt, a professor at Loyola Law School in Los Angeles, told the AP that it's uncertain when the Supreme Court will take up the issue.

Greg Nevins, a lawyer for the LGBTQ rights group Lambda Legal who represents Evans, said the group plans to appeal to the U.S. Supreme Court.

In sum, the Ninth Circuit's denial was basically a hiccup for Hawaii.