A federal judge of the state of Virginia granted a preliminary injunction which bars the President’s administration from executing the Trump travel ban in Virginia. She also added a challenging the ban’s constitutionality.
U.S. District Judge Leonie Brinkema found that a religious bias is the cause of the travel ban. This violates First Amendment of prohibitions on favoring one religion over another.The evidence collected indicates that this challenge to the ban will succeed in the trial.
Virginia Attorney General Mark Herring said in a conference call:
“Judge Brinkema’s ruling gets right to the heart of our First Amendment … claim,”
Judge Brinkema’s Ruling
Brinkema refuses to believe claims that the order does not target only Muslims just because it does not cover all of the world’s Muslim population. She stated:
“The argument has also been made that the Court cannot infer an anti-Muslim animus because the E0 does not affect all, or even most, Muslims. The major premise of that argument—that one can only demonstrate animus toward a group of people by targeting all of them at once—is ﬂawed.”
In her 22-page ruling, Brinkema writes:
“The president himself acknowledged the conceptual link between a Muslim ban and the EO (executive order),”
She cited news accounts that Trump adviser Rudy Giuliani said the executive order is an effort to find a legal way for Trump to be able to impose his Muslim ban as he campaigned during the elections.
The preliminary injunction issued by Brinkema is a more stable type of injunction than the temporary restraining order issued in Washington. Herring said he expects the injunction to remain in place until the case goes to trial.
Legal challenges challenging the travel ban in 7 states: Washington, Massachusetts, Hawaii, New York, Virginia, Michigan and California.
— Ruptly (@Ruptly) February 4, 2017
Details About The Injunction
Brinkema’s injunction applies only to Virginia residents. Brinkema limited it to Virginia because the nationwide restraining order in the Washington state case already provides much of the relief Virginia is seeking.
Virginia’s lawsuit also does not provide any relief for the refugees.
Virginia based its arguments on the problems the state and its people would suffer due to the travel ban. The state has stated that at least 1,000 students in universities and several of university staff members and professors could be directly affected by the ban.
In her ruling, Brinkema said the president’s executive power “does not mean absolute power.”
She also said the president’s executive power is still limited by the Constitution:
“Every presidential action must still comply with the limits set by Congress’ delegation of power and the constraints of the Constitution, including Bill of Rights,”