Trump doesn't have authority to issue a travel ban, appeals court rules
A federal appeals court in San Francisco ruled Friday night that the latest iteration of President Trump's travel ban violates federal law, and its issuance by the president via executive order exceeds executive branch authority as delegated by the Constitution.
The court's unanimous decision says the ban improperly overrides congressional lawmaking power, engages in "nationality discrimination," and does not demonstrate that "nationality alone renders entry of this broad class of individuals a heightened security risk or that current screening processes are inadequate." The current ban indefinitely suspends (with some exceptions) U.S. entry for visitors from Chad, Libya, Syria, Yemen, North Korea, Venezuela, Iran, and Somalia.
This ruling will not inhibit the ban's implementation, because the Supreme Court ruled earlier this month it can stay in effect during legal challenges in lower courts. However, Friday's decision does bring the ban one step closer to a final ruling from SCOTUS.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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