RICHMOND, VA (April 7, 2017): Southeastern Legal Foundation, alongside one of the nation's top appellate litigators, filed an amicus brief defending the Trump administration's Executive Order 13,780, commonly known as the Travel Ban. As William S. Consovoy, former clerk for Supreme Court Justice Clarence Thomas and partner with Washington, DC-based Consovoy McCarthy Park, LLC, made clear in the brief to the Fourth Circuit Court of Appeals in Richmond, VA, several circuits have essentially denied clear statutory and constitutional authority to the Chief Executive by way of citing to campaign statements made months before the November 2016 election - and months before President Trump took the oath of office.
Key excerpt from the brief:
"Over the past few months, the federal courts have been issuing unprecedented rulings that invoke the Establishment Clause to enjoin an executive order barring aliens from entering the United States. Indeed, Executive Order 13,780 is currently subject to several nationwide injunctions on the ground that is was enacted for the purpose of discriminating against Muslims. That conclusion is untenable. The Order’s text treats all religions the same; the effect of the Order is not discriminatory in any constitutional sense; and there are no official statements from government officers indicating that it was enacted for anti-Muslim reasons. Instead, for the first time in our Nation’s history, courts have enjoined a President’s executive order based almost entirely on things he said on the campaign trail. That is precisely what the district court did here."
Click here for the Fourth Circuit amicus brief defending the Travel Ban, April 7, 2017