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Will the Suspension of the Muslim Ban Hold?

by Law Offices of Chris M. Ingram on February 6, 2017

What’s wrong in law with the Travel Ban

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Since Friday’s ruling to suspend the ‘Muslim Ban’ from Friday February 3rd 4.00pm, the next day the Justice Department filed an emergency request with the 9th Circuit Federal Appeal Court to resume the ban. The Federal Court denied the request, but said that by 6.00pm Monday February 6th both sides must submit their arguments, where upon the court will convene a three-judge panel or issue a ruling.

Muslim Ban – Stalled

If a ruling is handed down that goes in favor of Trump then the ban will immediately come back into force. It’s unclear if the verbatim wording of the ban will be enforced, as since the Executive Orders original issuance, the Department of Homeland Security has sought to re-interpret parts of it, especially those sections that would ban legal permanent residents from returning to the US. In any event, the decision will immediately be appealed to the Supreme Court, but the ban will remain in place unless, the Supreme Court sides against Trump or the 90-days expires before a hearing could take place.

If the ruling handed down goes in favor of Judge Robart, then the suspension of the ban will stay in place until the matter is appealed to the Supreme Court for a further ruling.

Do we really want to ban Muslims?

Many academic scholars believe the legal decisions can go either way. On the one side the President cannot discriminate against any particular nation or religion, but on the other hand the President does have wide powers to take measure he feels will protect the security of the nation and that includes who can and cannot come in, so it’s not a done deal either way so we have to monitor the situation carefully.

There are 1.8 Billion Muslims in the world, that’s 1/3 the population of the planet. Can we really ban all of them? What makes some Muslims welcome and others not welcome based on which country they came from? A lot of British Muslims are not friendly towards America, but the vast majority are. The same point could be made about muslims in all countries of the world.

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