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United States Fourth Circuit

Int'l Refugee Assistance v. Trump, 17-1351

In an action challenging the President's Executive Order No. 13780, 'Protecting the Nation from Foreign Terrorist Entry Into the United States,' the district court's issuance of a nationwide preliminary injunction as to Section 2(c) of the challenged Executive Order is affirmed in part and vacated in part where: 1) the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains 'a law for rulers and people, equally in war and in peace'; and 2) the Establishment Clause of the First Amendment protects plaintiffs' right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.

Appellate Information

  • Decided
  • Published 2017/05/25




  • United States Fourth Circuit


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