The US Ninth Circuit Court of Appeals heard [video; materials] arguments Monday on the Trump administration’s revised ban on travelers from some majority Muslim countries. State of Hawaii, et al. v. Trump [materials] was brought before the court on appeal after the travel ban was previously struck down [JURIST report]. At issue is the alleged discriminatory intent [JURIST op-ed] of the executive order that was designed to prevent individuals from specified countries from coming into the country. Due to statements made during the campaign, the plaintiffs allege the travel ban was in fact a Muslim ban and therefore unconstitutional. However, the administration argued the comments were campaign rhetoric that has no basis on an executive order that is facially neutral in wording. The administration also argued the ban is targeted at countries where terrorist organizations have safe havens, even though the previous statements about Muslims were not explicitly disavowed.

The travel ban [text] continues to create mounting legal issues. The US District Court for the Eastern District of Michigan last week ordered [JURIST report] the Trump administration to disclose the draft of the order. Also last week the US Court of Appeals for the Fourth Circuit heard oral arguments [JURIST report] regarding the order.