“If the administration succeeds in wiping the record clean, it will need to defend only Trump’s latest ban, which followed a three-month review of immigration procedures. Keeping the lower court rulings on the books would give opponents more support for claims that the new ban exceeds the president’s authority and discriminates against Muslims. The U.S. Court of Appeals for the 9th Circuit had ruled that Trump lacked proof the earlier ban was needed, and the 4th Circuit appeals court said it discriminated based on religion.”
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