The Peterborough Examiner

Sides argue travel ban

Judges hammer away at U.S. government’s arguments that states can’ t challenge order

- ERIC TUCKER and SUDHIN THANAWALA THE ASSOCIATED PRESS

SAN FRANCISCO — A panel of appeals court judges reviewing U.S. President Donald Trump’s travel ban hammered away Tuesday at the federal government’s arguments that the states cannot challenge the order.

The hearing before the San Francisco-based 9 th Circuit Court of Appeals judges was the greatest legal challenge yet to the ban, which has upended travel to the U.S. and tested the new administra­tion’s use of executive power.

The government asked the court to restore Trump’ s order, con tending that the president alone has the power to decide who can enter or stay in the U.S. But several states have fought the ban on travellers from seven predominan­tly Muslim nations and insisted that it is unconstitu­tional.

The judges — two Democratic appointees and one Republican — repeatedly questioned Justice Department lawyer August Fl entje on why the states should not be able to sue on behalf of their residents or on behalf of their universiti­es, which have complained about students and faculty getting stranded overseas.

When Flentje suggested that individual­s might be able to sue, rather than the state, Judge Michelle Fried land asked whether there would be any point in waiting for individual­s to come forward rather than considerin­g the merits of the case brought by the states.

Circuit Judge Michelle T. Friedland asked whether the gov- ernment has any evidence connecting the seven predominan­tly Muslim nations covered by the ban to terrorism.

Flentje said the government is aware of some foreign nationals who have been arrested in the U.S. since Sept. 11, but he did not give details of the evidence. He also said president has broad power to enforce national security.

The court was not expected to rule immediatel­y, with a decision more likely to come later this week, court spokesman David Madden said.

Whatever the court eventually decides, either side could ask the Supreme Court to intervene.

U.S. District Judge James Rob art in Seattle, who on Friday temporaril­y blocked Trump’s order, has said a judge’s job is to ensure that an action taken by the government “comports with our country’s laws.”

Trump said Tuesday that he can’ t believe his administra­tion has to fight in the court stoup hold his refugee and immigratio­n ban, a policy he says will protect the country.

“And a lot of people agree with us, believe me ,” Trump said at aroundtabl­e discussion with members of the National Sheriff’ s Associatio­n. “If those people ever protested, you’d see a real protest. But they want to see our borders secure and our country secure.”

Homeland Security Secretary John Kelly told lawmakers that the order likely should have been delayed at least long enough to brief Congress about it.

The filing with the appeals court was the latest salvo in a high-stakes legal fight surroundin­g Trump’s order, which temporaril­y suspends the country’ s refugee program and immigratio­n from seven countries with terrorism concerns.

Washington state, Minnesota and other states say the appellate court should allow a temporary restrainin­g order blocking the travel ban to stand as their lawsuit moves through the legal system.

The appeals court over the weekend refused to immediatel­y re-instate the ban, and lawyers for Washington and Minnesota argued a new on Monday that any resumption would “unleash chaos again ,” separating families and stranding university students.

 ?? ANDREW HARRER/ GETTY IMAGES ?? U.S. President Donald Trump speaks as he meets with county sheriffs during a listening session in the Roosevelt Room of the White House on Tuesday, in Washington, D.C.
ANDREW HARRER/ GETTY IMAGES U.S. President Donald Trump speaks as he meets with county sheriffs during a listening session in the Roosevelt Room of the White House on Tuesday, in Washington, D.C.

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