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Fourth Circuit Court of Appeals Slams Trump Muslim Ban: “drips with religious intolerance, animus, and discrimination”


The Fourth Circuit Court of Appeals (located in Richmond, Virginia) ruling, released a bit earlier this afternoon, nails it on Trump’s disgraceful, unAmerican, unconstitutional Muslim ban (bolding added for emphasis):

“The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains ‘a law for rulers and people, equally in war and in peace.’ And if so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. Congress granted the President broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation. Therefore, for the reasons that follow, we affirm in substantial part the district court’s issuance of a nationwide preliminary injunction as to Section 2(c) of the challenged Executive Order.”

5-25-17-4th-Circuit-IRAP by Lowell Feld on Scribd

  • From AG Mark Herring:

    “I saw this ban for exactly what it was, as have courts across the country. Even after President Trump tried to scale it back and better hide his tracks, his Muslim ban still suffers from a fatal dose of religious animus. It is so appropriate that the bedrock principle of religious freedom has again been affirmed by a Court sitting just blocks from where Jefferson’s Statute for Religious Freedom was signed. I am proud to have helped lead the fight against this unconstitutional and un-American ban, and will continue to do all I can to make sure all Virginians know they are an important part of our Commonwealth, no matter how they pray or worship.”