Another federal judge has granted an injunction to stop the administration’s travel ban. Judge Brinkema in Virginia granted an injunction that applies to the state of Virginia. Like the judge in Washington state, she pointed to the campaign statements by then Candidate Trump that he would institute a ban on Muslim immigration and that the administration has not offered a rationale for the travel ban. Like the Ninth Circuit judges, Judge Bronkema chided the administration for not offering a rationale for the ban other than the executive is responsible for immigration. See CBS news report.
As I mentioned in a previous post, judges do not appreciate being told essentially that we can do it because we can do it. The proffered rationale is a key component of a discrimination case. Why did the employer do what it did? If discrimination was not the motive, what was the true motive? If the employer’s response is simply because it can, that persuades no one. And, it suggests the true motive was an improper one.