Another Appeals Court Rules 'Muslim Ban' Discriminatory

US President Donald Trump has criticised the San Francisco-based 9th US Circuit Court of Appeals a day after it handed him another legal setback by refusing to revive his US travel ban on people from six Muslim-majority nations.

Virginia Attorney General Mark Herring on Monday joined a coalition of 17 attorneys general in filing two amicus briefs with the U.S. Supreme Court opposing President Donald Trump's immigration ban, according to a news release.

"Immigration, even for the president, is not a one-person show", the judges said, adding: "National security is not a "talismanic incantation" that, once invoked, can support any and all exercise of executive power".

The judges cited Trump's latest tweets in the travel ban saga. A Seattle judge blocked its enforcement nationwide in response to a lawsuit by Washington state - a decision that was unanimously upheld by a different three-judge 9th Circuit panel.

The American Civil Liberties Union, which represents people challenging the ban in the separate Maryland suit handled by the 4th Circuit, filed court papers urging the court not to take up the case, saying the order will become moot on Wednesday, 90 days from when Trump issued it.

The states also argue that this is not the right time for the Supreme Court to hear this case, because the travel ban calls for its own imminent modification, making review at this juncture premature.

"The order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality", the court said in its decision. It also did not provide any link between their nationality and their propensity to commit terrorism.

Attorney General Jeff Sessions said after Monday's ruling that the ban was necessary to protect national security, and the president was within his lawful authority to enact it. It is yet another stinging loss from a court that similarly refused to reinstate Trump's original executive order on travel in February.

Trump's earlier January 27 order also included Iraq among the countries targeted and a total ban on refugees from Syria.

They also cited White House press secretary Sean Spicer's confirmation that the President's tweets are "considered official statements by the President of the United States". The Supreme Court could act on the administration's request as soon as this week.

The court cited shortcomings with the order as it now is, saying the order does not tie people within the six designated countries in any way to terrorist organizations.

For months, Trump has said his temporary travel ban is a national security measure meant to keep potential terrorists out of the United States while his administration formulates an appropriate immigration policy. Trump said in a post on Twitter, apparently referencing the U.S. Supreme Court.

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