It may be back to the drawing board for the Trump administration as it was dealt another blow to its latest travel ban.
CNN reports the 4th US Circuit Court of Appeals, in a 10-3 ruling, upheld a lower court's previous block on the president's executive order referred to as the travel ban.
It was the second of such orders, the first, which included Iraq, had been blocked in January.
Travel Ban 2.0, as it was popularly referred to, was similar to the first iteration and blocked travel entry from six predominantly Muslim countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen - Iraq was exempted in the second version.
The 4th Circuit mined Trump's previous comments and social media posts to determine this executive order was more about banning people based on religion.
CNN posts a portion of the ruling: "The evidence in the record, viewed from the standpoint of the reasonable observer, creates a compelling case that (the executive order's) primary purpose is religious. Then-candidate Trump's campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States."
The New York Times cites the same ruling that issues the executive order, "drips with religious intolerance, animus and discrimination."
CNN quotes its resident legal analyst and professor at the University of Texas School of Law, Steve Vladeck, who offers thoughts on the impact of the ruling.
Vladeck called it, "an enormous victory for the challengers to the travel ban, and a huge loss [for the president]."
The analyst continued: "In its first test before a federal appeals court, the second, more nuanced version of the Executive Order still failed miserably -- and, once again, largely because of President Trump's own words, tweets, and statements. About the only thing the 10 judges in the majority disagreed about was whether President Trump's campaign statements are relevant to his motive -- but even the judges who said no still thought there was enough evidence of discriminatory intent since his inauguration to strike down the ban."
This specific case may very well find its way into the hands of the highest court in the land.
At the moment, the 9th US Circuit Court of Appeals is looking at the executive order in question. Regardless of its ruling, CNN notes that the order cannot be put into effect if one appeals court has barred it from being enacted.
The next logical step, then, would be to see arguments made before the Supreme Court. Vladeck opines: "It looks increasingly likely that the justices will have to confront the travel ban -- and whether to review today's ruling -- sometime this fall."
Attorney General Jeff Sessions suggested just that in a statement posted by the NY Times: "This Department of Justice will continue to vigorously defend the power and duty of the executive branch to protect the people of this country from danger, and will seek review of this case in the United States Supreme Court."
Some have argued statements made before Trump took office should be inadmissible into the ruling.
Chief Judge Roger L. Gregory saw things differently, via NY Times: "Then-candidate Trump's campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States."
Judge Gregory continues: "The campaign statements here are probative of purpose because they are closely related in time, attributable to the primary decision maker, and specific and easily connected to the challenged action."
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When it comes to the travel industry, the White House's policies and rhetoric continue to have a massive effect on visits from those outside the nation's borders.
A Foursquare study recently discovered the market share regarding International visitors was down 11 percent domestically, which comes at the same time the rest of the world saw a bump of six percent.
Travel flourishes globally while foreign visitors stay clear of a country that seems determined to ban travelers.
If there is one thing that has characterized Trump's tumultuous tenure, it's that his administration is not easily dissuaded.
While both the first and second bans have been stopped at the courts, it's more than likely that this administration will claw its way to the Supreme Court.
Even then, we wouldn't be the least bit shocked to see the third in this unsuccessful trilogy.
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