Hawaii's travel ban challenge gets another victory, but Trump team vows to go to Supreme Court

Hawaii's travel ban challenge gets another victory, but Trump team vows to go to Supreme Court
Published: Jun. 12, 2017 at 12:45 PM HST|Updated: Jun. 12, 2017 at 5:19 PM HST
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HONOLULU (HawaiiNewsNow) - Members of Hawaii's Congressional delegation are lauding a U.S. appeals court decision to uphold the state's injunction against President Donald Trump's revised travel ban.

Meanwhile, the Trump administration reiterated Monday its plan to take the issue to the Supreme Court.

U.S. Sen. Brian Schatz, D-Hawaii, said in a statement that the ban is "un-American, unconstitutional and contrary to everything we stand for."

"The Ninth Circuit's decision to uphold Judge Watson's ruling against President Trump's Muslim ban is another win for the rule of law," he said.

U.S. Sen. Mazie Hirono, D-Hawaii, also issued a statement, touting Hawaii's judges and the state for showing leadership in fighting the travel ban.

"Court after court has seen this Muslim ban for what it is: An illegal attack on a group of individuals singled out for their religion. Today is a victory not only for Hawaii, but for our shared American values. The decision is a welcome reminder that the federal courts serve an invaluable function in our system of checks and balances."

Monday's ruling means it keeps in place a decision by U.S. District Judge Derrick Watson to block the president's revised travel ban that would restrict refugees and people from six countries – Iran, Libya, Somalia, Sudan, Syria and Yemen – from entering the U.S. The 9th Circuit Court of Appeals heard arguments on May 15.

Gov. David Ige added that Hawaii made "the right decision in challenging a travel ban that had little factual basis and discriminated based strictly on national origin and religion."

Hawaii Attorney General Doug Chin said on Hawaii News Now Sunrise the decision would virtually guarantee the president would have to seek approval from the U.S. Supreme Court to move forward.

"Bottom line: there is a lot of activity going on with the case and you can see the courts are taking it very seriously," Chin said.

With the 9th and 4th circuit courts using different reasoning to both reject the travel ban, Chin believes their case is stronger.

"What the 9th circuit did was very important because it actually came up with a separate grounds to uphold the injunction against the travel ban. When it comes to the immigration statute, we might have a chance at convincing even the more conservative justices that are on the U.S. Supreme Court," he said.

Hawaii judges on Monday also urged the U.S. Supreme Court to deny an administration plea to reinstate the travel ban.

But the Trump administration said the executive order is constitutional, and will be upheld in the nation's highest court.

"Frankly, I think any lawyer worth their salt 100 percent agrees that the president's fully within his rights and responsibilities to do whatever is necessary to protect the country," said White House Press Secretary Sean Spicer, at his daily press briefing.

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