The 4th Circuit Court of Appeals in Richmond ruled in favor of that decision by 10-3 ruling. The court claims Trump’s executive order “speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination.”
Judge Roger Gregory wrote that Congress granted the president broad power to deny entry to foreigners, 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.”
The court’s decision keeps a Maryland court’s order blocking the ban in place. A full panel of 13 judges represented the court’s order.
Apparently, Trump’s remarks made about banning Muslims while on the campaign trail were not considered in the decision.
“While on the campaign trail, a non-incumbent presidential candidate has not yet taken the oath to ‘preserve, protect and defend the Constitution’ and may speak to a host of promises merely to curry favor with the electorate,” Judge Stephanie Thacker said in her ruling.
She continues: “Once a candidate becomes President, however, the Constitution vests that individual with the awesome power of the executive office while simultaneously imposing constraints on that power.”
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