Audrey McEvoy of AP reports in the Washington Post:
“HONOLULU — A federal judge in Hawaii on Thursday left Trump administration rules in place for a travel ban on citizens from six majority-Muslim countries.
U.S. District Court Judge Derrick Watson denied an emergency motion filed by Hawaii asking him to clarify what the U.S. Supreme Court meant by a “bona fide” relationship in its ruling last month.
The Supreme Court ruled the administration could mostly enforce its travel ban, but said those “with a credible claim of a bona fide relationship with a person or entity in the United States” could enter.
Watson says the relationship question would be better posed to the Supreme Court, not him.
“This court will not upset the Supreme Court’s careful balancing and ‘equitable judgment,’” Watson said in his order.
Hawaii attorney general Doug Chin objected to the administration’s omission of grandparents, aunts and uncles from its list of people meeting the definition of a close relationship.
The Trump administration has said the exemption to the ban would apply to citizens of the six countries with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the U.S.
The U.S. Department of Justice said in an emailed statement that it was pleased with the decision.
“If the plaintiffs elect to proceed, we are confident that the U.S. Supreme Court will again vindicate the President and his constitutional duty to protect the national security of the United States,” the department said.
The Hawaii Attorney General’s Office noted after the ruling that the district court did not address the substance of either party’s arguments and instead focused on the procedural question about which court is the appropriate forum to decide the issue.
“The scope of the travel and refugee bans badly needs to be resolved and not just according to the Trump administration’s interpretation,” Chin said.
Hakim Ouansafi, president of the Muslim Association of Hawaii, said he respects Watson’s ruling but thinks there will be more opportunities to ensure the ban does not exclude grandparents and others close family members.
“We will have people directly affected by this, for sure,” Ouansafi said. “When you exclude that many people, the circle is much wider.”
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Read the complete story at the link.
One problem when an appellate court emasculates the trial judge at a preliminary stage of the case is that the higher court then “owns” the case. But, in this particular situation, the Supremes are out to recess until Fall. So, the Trump Administration appears to have won this round because right now the plaintiffs realistically have no forum for their complaint. We can all sleep better knowing that we are protected from a few grandparents of U.S. citizens!
PWS
07-07-17
Again, Trump’s DOJ stresses our governmental institutions for no apparent national purpose other than exercise Executive power without restraint and please his base.
The Supremes threw Trump a lifeline and Trump was supposed to cooperate. Instead DHS interprets the requisite “credible claim of a bona fide relationship with a person or entity in the United States” to exclude Grandma. That’s what Trump does, like the scorpion that bites the frog carrying on its back across the lake because that’s what scorpions do.
Our Madisonian Constitution demands ongoing cooperation between reasonable public servants. So far, the Trump administration does the opposite at every turn, frustrating compromises. In Marxist lingo it’s called heightening the contradictions to frustrate citizens with their government ineptitude. It’s what Putin wants him to do.
Like firing all the US Attorneys the same Friday afternoon with no advanced notice or appointing Kris Kobach to a commission to disenfranchise American voters, or firing the FBI Chief, etc. The Travel Ban symbolizes Trump’s worst. People who like making omelets because they like breaking eggs.
My favorite place in Washington DC is the Thomas Jefferson Memorial, even though there are grander monuments like Lincoln’s. The Jefferson Memorial has one brief engraving among many that explains Trump: “An honest man does not derive pleasure from exercising power over his fellow citizens”.
I like the quote from Jefferson, Gus. However, as I noted in a different article yesterday Jefferson, among others, had problems with exercising not only power but actual ownership over enslaved African Americans who were actually members of his own family!
PWS
07-08-17
No doubt. The Sally Hemming Saga is a big subject where I live in Charlottesville 25% of the time. And one of the benefits of officially residing in Charlottesville is I get free admission along with any paying tourists. So I’ve become the official tourist guide for my passing Miami friends.
And my apartment there is very close to Monticello, 15 minute drive. So I often meet friends informally there when they’re visiting Monticello. And it doesn’t hurt that my son Paul is a tasting room manager at the Jefferson Vineyard, just next door to Monticello. Very convenient for entertaining friends.
But the Greatest irony is that these great men could put their lives in line for the proposition that all men are created equal, and then half of them immediately returned to their slave plantation. Four of our first five Presidents were Virginia slave owners.
Balanced against the realization that those same four (Washington, Jefferson, Madison, Monroe) rank among our 10 best Presidents.
Recently I’ve become a big fan of Monroe. Before Obama, Monroe was the only US President with a last name ending in a vowel!