RTThu, 30 Mar 2017 03:08 UTC
© George Lee, The Star-Advertiser via APU.S. District Judge Derrick Watson, Honolulu, Hawaii
US District Court Judge Derrick Watson has extended his halt on enforcement of President Donald Trump's executive order travel ban,
from a temporary order to an indefinite one in a new preliminary injunction.On Wednesday, Judge Watson issued the permanent preliminary injunction after hearing arguments from the Hawaii attorney general and the US Department of Justice.
The travel ban prohibits citizens of six Muslim-majority countries from entering the US. Judge Watson determined that to be religious discrimination and a violation of the US Constitution.
During the hearing,
Department of Justice attorney Chad Readler asked Watson to narrow the ruling to halt only the part of the order restricting visa applicants, noting that only 20 refugees have resettled in Hawaii since 2010. "Is this a mathematical exercise that 20 isn't enough? ... What do I make of that?" Watson asked Readler, according to the Associated Press.
Judge Watson
initially issued a temporary block on March 15, hours before the revised executive order signed March 6 was set to go into effect. That temporary order was set to expire by tomorrow, but will now be extended.
The Trump administration has chosen not to appeal Watson's decision, but instead to appeal a Maryland court ruling. By doing so,
the case will go to the 4th Circuit, instead of the 9th Circuit, which has also ruled against the travel ban. The 4th Circuit hearing is set to begin May 8.
Trump has also vowed to take the legal fight to the Supreme Court.
Last week it was reported that Judge Watson was under
24-hour federal protection after receiving threats in retaliation for his ruling against the executive order.
Comment: The US legal system has more than one level of justice and more than one avenue of pursuit. The ban falls within the president's power to protect national security. From a different posture, Judge Watson is blocking established federal law in protection of US citizens by mandating the door be left open before security protocol is in place. What about that?
Denver Post adds:
Watson wrote that he won't suspend his ruling if the government appeals. Enforcement of both provisions of the ban is prohibited nationwide until he orders otherwise.
"What a ruling in 4th Circuit in favor of the administration would do is create a split in authority between federal courts in different parts of the country," said Richard Primus, a professor of constitutional law at the University of Michigan law school. "Cases with splits in authority are cases the U.S. Supreme Court exists to resolve,"
See also:
Update (March 31): The DOJ said it will
appeal the decision in a court filing yesterday:
The appeal will be heard by the 9th U.S. Circuit Court of Appeals in San Francisco, the court that last month upheld a suspension of Trump's first travel order.
White House spokesman Sean Spicer on March 30 said the administration believes Trump's executive order is legal and would eventually be allowed to move forward.
Trump has said the travel restrictions are necessary to keep potential terrorists out of the country.
Judge Derrick Watson on March 29 issued his ruling extending the temporary halt on Trump's travel order until a lawsuit by the state of Hawaii against the presidential directive is resolved in the courts.
Comment: The US legal system has more than one level of justice and more than one avenue of pursuit. The ban falls within the president's power to protect national security. From a different posture, Judge Watson is blocking established federal law in protection of US citizens by mandating the door be left open before security protocol is in place. What about that?
Denver Post adds: See also: