04-26-2018  2:00 pm      •     
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NEWS BRIEFS

New Year in the Park Festival

Festival in Glenhaven Park celebrates Cambodian, Lao, Thai and Burmese cultures ...

Safeco, Century Link Fields to Go Fully Tobacco Free

Prohibiting smokeless tobacco completes the ban of tobacco at professional sporting events in King County. ...

Ballots Out For Delivery Today

USPS delivers ballots Wednesday, April 25 for the May 15 Primary Election ...

GFO Announces Upcoming Classes, Workshops & Special Interest Groups

Upcoming events include regional special interest groups, Cuban genealogy talk and a DNA workshop ...

Event: Going Beyond the Flint Water & Housing Crises

Recode invites speakers to discuss the Flint water crisis and its relationship to gentrification, displacement, and housing crises ...

U.S. & WORLD NEWS

OPINION

The Skanner News Endorsements for May 2018 Elections

Read The Skanner News' endorsements for Oregon, Multnomah County, Portland City Council and more ...

Will HUD Secretary Ben Carson Enforce the Fair Housing Act?

Julianne Malveaux questions HUD Secretary Ben Carson’s ability to enforce the Fair Housing Act ...

Waiting While Black in Philadelphia Can Get You Arrested

Reggie Shuford on the daily indignities African-Americans face in Philadelphia and around the country ...

Black People Must Vote or Reap the Consequences

Jeffrey Boney on the importance of voting in the Black community ...

AFRICAN AMERICANS IN THE NEWS

ENTERTAINMENT

Allie Morgan, a University of Colorado graduate student, is among dozens of people at a travel ban protest at the University of Colorado in Boulder on Thursday, Feb. 9, 2017. ( Cliff Grassmick/Daily Camera via AP)
SUDHIN THANAWALA, Associated Press

SAN FRANCISCO (AP) — A federal appeals court refused Thursday to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations, dealing another legal setback to the new administration's immigration policy.

In a unanimous decision, the panel of three judges from the San Francisco-based 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

The court rejected the administration's claim that it did not have the authority to review the president's executive order.

"There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy," the court said.

The judges noted that the states had raised serious allegations about religious discrimination.

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The ban temporarily suspended the nation's refugee program and immigration from countries that have raised terrorism concerns.

Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.

The states said Trump's travel ban harmed individuals, businesses and universities. Citing Trump's campaign promise to stop Muslims from entering the U.S., they said the ban unconstitutionally blocked entry to people based on religion.

Both sides faced tough questioning during an hour of arguments Tuesday conducted by phone — an unusual step — and broadcast live on cable networks, newspaper websites and social media. It attracted a huge audience.

The judges hammered away at the administration's claim that the ban was motivated by terrorism fears, but they also challenged the states' argument that it targeted Muslims.

"I have trouble understanding why we're supposed to infer religious animus when, in fact, the vast majority of Muslims would not be affected," Judge Richard Clifton, a George W. Bush nominee, asked an attorney representing Washington state and Minnesota.

Only 15 percent of the world's Muslims are affected by the executive order, the judge said, citing his own calculations.

"Has the government pointed to any evidence connecting these countries to terrorism?" Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked the Justice Department attorney.

The lower-court judge temporarily halted the ban after determining that the states were likely to win the case and had shown that the ban would restrict travel by their residents, damage their public universities and reduce their tax base. Robart put the executive order on hold while the lawsuit works its way through the courts.

After that ruling, the State Department quickly said people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — with valid visas could travel to the U.S. The decision led to tearful reunions at airports round the country.

The Supreme Court has a vacancy, and there's no chance Trump's nominee, Neil Gorsuch, will be confirmed in time to take part in any consideration of the ban.

The ban was set to expire in 90 days, meaning it could run its course before the court would take up the issue. The administration also could change the order, including changing its scope or duration.

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