Yet another federal usurpation by the courts to upend the authority of the executive branch has been delivered this week.
And this one, finally, will head to the Supreme Court to be finally settled and to put the issue to rest.
Attorney General Jeff Sessions responded to U.S. District Court for the District of Maryland’s 10-3 opinion which upheld a lower court’s injunction on the President Trump’s travel and immigration ban.
Sessions setup the rematch by firing back, “This Department of Justice will continue to vigorously defend the power and duty of the Executive Branch to protect the people of this country from danger, and will seek review of this case in the United States Supreme Court.”
Here’s more from Breitbart…
An en banc panel of the U.S. Court of Appeals for the Fourth Circuit upheld an injunction against President Donald Trump’s executive order curtailing travel and immigration from seven Muslim-majority countries Thursday.
The 10-3 majority, in a 67-page opinion, affirmed the decision of the United States District Court for the District of Maryland, in essence holding that even an executive order that makes no mention of Islam in its text can be invalidated for violating the First Amendment’s Establishment Clause because of comments Trump and his associates made during and after the 2016 presidential election.
Calling the Establishment Clause a “untiring sentinel for the protection of one of our most cherished founding principles,” Chief Judge Roger Gregory’s opinion for the court calls the travel ban “an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.”
“Congress granted the President broad power to deny entry to aliens, but that power is not absolute,” Gregory writes, discounting that the wide latitude given to the President under the Immigration and Nationality Act to deny entry to classes of travelers and immigrants on national security grounds justifies President Trump’s executive order.