Appeals Court Won’t Reinstate Trump’s Refugee Order


By Kevin Daley

The 4th U.S. Circuit Court of Appeals upheld a lower court order barring enforcement of a key provision of President Donald Trump’s second executive order on refugees Thursday, heightening the odds of Supreme Court review.

As in previous rulings on the order, the president’s own words proved fatal to the government’s defense of the order. Chief Judge Roger Gregory wrote the opinion for the court, which found that statements made by Trump and his surrogates regarding Islam create the impression that the purpose of the order is to discriminate against Muslims, in violation of the Constitution’s ban on establishing religion.

“These statements, taken together, provide direct, specific evidence of what motivated both EO-1 and EO-2: President Trump’s desire to exclude Muslims from the United States,” Gregory wrote. “The statements also reveal President Trump’s intended means of effectuating the ban: by targeting majority-Muslim nations instead of Muslims explicitly.”

“We need not probe anyone’s heart of hearts to discover the purpose of EO-2, for President Trump and his aides have explained it on numerous occasions and in no uncertain terms,” he added.

The 4th Circuit’s ruling leaves a provision of the refugee order that temporarily banned citizens of six countries with high instances of terrorism from entering the U.S. under injunction.

This is breaking news. Check back for updates. 
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