Friday February 3, 2017
Muslim Ban Blocked:
Federal judge issues nationwide injunction against Trump Order
Media Reports: In a stunning rebuke, a federal judge in Seattle Friday (February 3, 2017) ordered a national halt to enforcement of President Trump’s controversial travel ban on citizens from seven predominantly Muslim nations.
U.S. District Judge James Robart ruled in favor of Washington Attorney General Bob Ferguson, who sued on January 30 to invalidate key provisions of Trump’s executive order.
Trump’s executive order, signed Jan. 27, indefinitely blocks entry to the United States for Syrian refugees and temporarily suspends entry to other refugees and citizens of seven majority-Muslim countries Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.
Robart granted Ferguson’s request for temporary restraining order “on a nationwide basis,” prohibiting federal employees from enforcing Trump’s order. The judge rejected arguments from Justice Department attorneys who said the travel ban fell well within the president’s national-security powers.
“The Constitution prevailed today,” Ferguson said in a rainy news conference on the federal courthouse steps following the ruling. “No one is above the law — not even the president.”
Judge Robart ruled that despite respect for the limits of judicial power, “we must intervene” to fulfill the judiciary’s duty to uphold the Constitution. Robart said the federal government was “arguing that we have to protect the U.S. from individuals from these (seven) countries, and there’s no support for that.” He said the state of Washington proved that the local economy and citizens had suffered irreparable harm and an injunction should be applied.
"The decision is obviously a historic decision and an important one for the rule of law, and for the people of the state of Washington and for the people of our country," Ferguson said. "Judge Robart's decision, effective immediately, puts a halt to President Trump's unconstitutional and unlawful order."
In a legal filing asking for the restraining order, Ferguson had argued Trump’s travel ban targets Muslims, violating the constitutional rights of immigrants and their families. In the state’s original 19-page complaint, Ferguson alleged Trump’s executive order violates constitutional guarantees of religious freedom and equal protection.
Ferguson’s lawsuit includes quotes by Trump during his presidential campaign, including his original pledge for “a total and complete shutdown of Muslims entering the United States.” The lawsuit alleges such statements are evidence that the order was “motivated by animus and a desire to harm a particular group.”
The state of Minnesota has joined as a plaintiff. The ruling in Washington comes amid other legal battles over Trump’s travel ban in states across the country.
Washington’s lawsuit has been backed by major corporations, including Seattle-based Amazon.com and Bellevue-based Expedia, which have criticized the immigration order’s impact on the state’s economy, businesses and higher-education institutions, as well as on families and residents.
Meanwhile, a contradictory decision came earlier Friday from a federal judge in Massachusetts, who sided with the Trump’s administration. U.S. District Judge Nathaniel Gorton ruled that the president had the authority on national-security grounds to bar citizens of seven Muslim countries, but that applied only for the state of Massachusetts.
Read also: Appeals court declines to reinstate Trump travel ban
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