At Least 5 States Filing Suit Against New Travel Order


If President Trump thought he could avoid the legal entanglements that awaited his first executive order on travel by satisfying the court’s criticisms, he’s learning otherwise rather quickly. State attorneys in Hawaii, Washington, New York, Minnesota, and Oregon have already filed injunctions against the revised ban, and some of these cases will be heading to the 9th Circuit Court of Appeals that upheld a block on the first one.

Though the new travel ban differs from the first in several key ways, the legal challenges are hardly surprising. Trump’s new executive order eliminates the religious exemption for Christian refugees, gives a pass to any travelers with visas and green cards, and removes Iraq from the restricted travel list. Even still, this onslaught of lawsuits was likely inevitable. Democrats are juiced up about gaining publicity and political popularity through challenging this administration, and they have enough cronies in the courts to keep this ban frozen for a while.

At a press conference Thursday, Washington state Attorney General Bob Ferguson said he was as committed to stopping this order as he was to stopping the original.

“We’re asserting that the president cannot unilaterally declare himself free of the court’s restraining order and injunction,” Ferguson said. “This is not a new lawsuit. It’s our view that that temporary restraining order that we’ve already obtained remains in effect. And the burden is on the federal government to explain why it does not.”

Well, it’s because it’s an entirely different order. Similar? Of course. But is Ferguson claiming that every dot and tittle of the first order was unconstitutional? Or is he claiming that the president of the United States cannot make any unilateral decisions about who gains entry into the country?

White House press secretary Sean Spicer said the president was hopeful about the order’s ability to survive legal scrutiny.

“We feel very confident with how that was crafted and the input that was given,” Spicer said.

Well, we shall see. They could have had this order crafted by the finest team of constitutional lawyers in the country, and it wouldn’t stop the Democrats from making a scene both politically and legally. And if they found a way to block the first order – which was on firm legal ground – then they can probably find a way to block the new one. They want to rob this president of every stitch of his authority, and they don’t care how it affects our national security.

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