On Thursday, the 4th Circuit Court of Appeals upheld a Maryland District Court decision which placed a nationwide injunction on Donald Trump’s infamous executive order/“travel ban” (“EO-2”), barring its implementation. The ruling came as a surprise to some, as EO-2 was thought to be a substantial improvement on EO-1 (previously struck down by the 9th Circuit Court of Appeals), and the 4th Circuit is considered a more conservative court than the 9th. (Interestingly, the 9th Circuit will also rule on the issue shortly. Oral argument was heard there on May 15th, following the ruling issued by a Hawaiian District Court, but given their previous ruling on EO-1, the odds don’t look to be in Trump’s favor there either.)
In a sharply worded opinion, joined in full by seven judges with three more concurring with the result, Chief Judge Roger Gregory right off the bat signals where the Court is going, by pointedly observing that EO-2, “speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.” As a preliminary matter, the Court held that the Plaintiffs had standing to bring the challenge to EO-2. The Court then considered the proper test to apply to determine whether the Order violates the Constitution. The District Court applied the Lemon test, a standard which courts traditionally use to assess laws challenged under the Establishment Clause. Under Lemon, government action will be deemed to violate the Establishment Clause unless it: 1) Has a significant secular purpose; 2) Does not advance or inhibit religion as its primary effect; and 3) Does not foster excessive entanglement between government and religion.Read the rest of the story HERE.
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