2. This time from the 9th Circuit arising out of the injunction by the Hawaii District Court.
The Opinion is embedded below. The Trump administration already has the Hawaii injunction before the Supreme Court, as it previously filed for contingent review of a possible 9th Circuit decision, expecting a losing result. The 4th Circuit Opinion also is before the Supreme Court for a stay of the injunctions, the opposition to which is due today.
The 9th Circuit does not focus as heavily on Trump’s campaign statements as did the 4th Circuit in finding a constitutional violation. Rather, the main ground in the 9th Circuit Opinion is that Trump exceeded his authority under statutes. The court does address alleged “national origin discrimination” based on statutory prohibition. Here’s an excerpt from the introductory paragraphs summarizing the ruling:
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The Immigration and Nationality Act (“INA”) gives the President broad powers to control the entry of aliens, and to take actions to protect the American public. But immigration, even for the President, is not a one-person show.