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ARTICLE · 27 MARCH 2017

Federal Courts Block New Travel Ban Executive Order

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On March 15, 2017, federal courts in Maryland, Hawaii and Washington heard arguments on motions to preliminarily enjoin the New Executive Order ("New EO"), which was issued by President Trump on March 6, 2017.

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On March 15, 2017, federal courts in Maryland, Hawaii and Washington heard arguments on motions to preliminarily enjoin the New Executive Order ("New EO"), which was issued by President Trump on March 6, 2017. Judge Derrick K. Watson of the U.S. District Court for the District of Hawaii was the first to issue such an order (as described below), which essentially prevents implementation of the New EO's travel and refugee restrictions. Shortly thereafter, Judge Theodore Chuang in Maryland also issued an order restraining the New EO's travel restrictions for similar reasons.

Judge Watson's order enjoins key provisions of President Trump's New EO entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." Judge Watson found that the New EO likely violates the Establishment Clause of the First Amendment to the United States Constitution because "a reasonable, objective observer—enlightened by the specific historical context, contemporaneous

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