Monday, June 12, 2017

9th Circuit Hawaii v. Trump Opinion

Per Curiam 86-page Opinion is here: Affirmed in part, Vacated in part; Remanded with Instructions.
(Webpage here.) Quote from intro:
But immigration, even for the President, is not a one-person show. The President’s authority is subject to certain statutory and constitutional restraints. We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress.
Quote from page 62:
In sum, we conclude that Plaintiffs have shown a likelihood of success on the merits at least as to their arguments that EO2 contravenes the INA by exceeding the President’s authority under § 1182(f), discriminating on the basis of nationality, and disregarding the procedures for setting annual admissions of refugees.