by Margaret M. | September 8, 2017 5:10 pm
The 9th Circuit Court of Appeals has ruled against Trump’s position on the travel ban restricting visitors from a small number of high-risk countries. Of course, if you’re a conservative, you already know that the countries on the travel ban were from a list inherited from the Obama administration.
The 9th Circuit Court of Appeals has an 80% reversal rate whenever their decisions reach the U.S.Supreme Court. And that’s not a fake news statistic, that’s in accordance with a 2010 analysis published by the American Bar Association. The 9th Circuit has the second highest reversal rate of all 13 appellate courts.
The countries that are banned are all Muslim-majority, so it quickly earned a nickname of being a “Muslim ban” or a racially-motivated ban, despite “Muslim” not being a race. Even as a ban, it still allows legitimate refugees and close or “bone fide” relatives of an American to travel to the States. The six countries are Iran, Libya, Somalia, Sudan, Syria and Yemen.
Earlier this summer, Judge Derrick Watson, a Federal Judge in Hawaii has already pushed back on the travel ban because he didn’t like that grandparents weren’t considered close enough relatives to bypass the ban.
Even then, the 9th Circuit Court sided with Trump, saying that the Hawaiian judge was in the wrong for looking to expand the definition of “bona fide relationships” to include grandparents, aunts, uncles and cousins.
…at least, that’s how they thought of a “bona fide” relationship a few months ago. Now, they’re reversing that.
The brand new ruling that refines the relationship says:
“Stated simply, the government does not offer a persuasive explanation for why a mother-in-law is clearly a bona fide relationship, in the Supreme Court’s prior reasoning, but a grandparent, grandchild, aunt, uncle, niece, nephew, or cousin is not.”
I don’t know about the rest of you, but I have dozens of cousins and aunts and uncles. Maybe these judges all have tiny families, so they don’t realize what a can they’re opening by allowing cousins to bypass the rules.
The administration does have to draw the line somewhere on who can be allowed in. Minor children and spouses are an obvious choice for who would be allowed to travel from a banned country if they are the responsibility of an American citizen. But cousins?
In a statement, one of the Attorneys General supporting the decision, Douglas Chin said:
“Today’s decision by the 9th Circuit keeps families together. It gives vetted refugees a second chance. The Trump administration keeps taking actions with no legal basis. We will keep fighting back.”
Sure, let ’em all in, but they can live with you, okay?
BREAKING: 9th Circuit upholds trial court's modified travel ban injunction, ruling for Hawaii on family & refugee arguments. pic.twitter.com/Yt6SHuogZQ
— Chris Geidner (@chrisgeidner) September 7, 2017
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