Hawaii federal judge is again attempting to usurp executive power
Hawaii has it out for Trump’s attempt to curb oft-exploited visas to the U.S. issued in well-established state sponsors of terror.
For the third time, a federal judge in Hawaii has approved a request for a temporary restraining order, putting Trump’s latest travel executive order on hold.
BREAKING: US judge in Hawaii blocks latest version of Trump administration’s travel ban hours before it was set to take effect.
— The Associated Press (@AP) October 17, 2017
Trump’s third travel order was scheduled to take effect at midnight, Tuesday night. The latest TRO was requested by the State of Hawaii, a muslim cleric (go figure), two anonymous parties, and the Muslim Association of Hawaii.
Unlike the last two orders, the TRP on this third attempt is far less likely to be upheld during the appeal process. From the WaPo:
Legal analysts have said those challenging the latest travel ban face an uphill battle. The measure was only put into effect after an extensive process in which the U.S. negotiated with other countries for information, and the list of countries affected now includes two countries that are not Muslim-majority: Venezuela and North Korea.
We’ve covered the travel order issue extensively through the course of this year. For our posts on the travel order/executive power fight, see here.
TRO opinion here:
UPDATE by WAJ 7:45 p.m.: Thanks to Kemberlee for the quick cover on this, as I’ve been unavailable all day. I can’t say I’m surprised by the result, considering that the Judge involved here already has ruled against Trump. The problem in this decision, as it was in prior decisions by this and other lower courts, is that the Judge is substituting his evaluation of risk for that of the executive branch.
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