Donald Trump, after suffering defeat in February and March of judicial defeats on his migratory decree, two versions of which have been blocked by the courts, intends to obtain his revenge Monday on appeal.
As the complicated jurisdictional division of the United States foresees, Richmond, the capital of Virginia, will be examined from 14:30 (1830 GMT) this file between the government and associations that assert that this text is aimed at Discriminatory treatment of Muslims.
Given the importance and sensitivity of the case, it was decided that the Federal Court would sit directly in plenary session, with all its active judges, unprecedented for a quarter of a century.
There are 15 such senior judges, but one or two may recuse themselves because of a potential conflict of interest. The exact list was to be announced on Monday morning.
For Donald Trump and the lawyers of the US Department of Justice, the challenge is to persuade them that restrictions on entry into the United States fall within the exercise of presidential authority.
They must also convince that this decree is “vital” for national security, an argument which weakens over the days following without jihadist attack in the country.
The second version of the decree aims to temporarily close the US borders to refugees from around the world and citizens of six predominantly Muslim countries, compared with seven in its previous version.
This measure is the most controversial of the Trump Presidency, which states regularly, but without proof, that immigration aggravates crime in the United States.
Trump: ‘RDV to court’
It federated a broad front of opposition, in the front line of which one finds Democratic states, notably on the west coast of the country where the president is particularly unpopular.
Among the critics of the decree are also organizations for the defense of refugees, freedom activists, universities and economic groups active in new technologies, which employ many foreigners.
At the end of January, the first version of this decree had caused a shock wave in the world and a chaos in American airports.
Its application was suspended on 3 February by a federal judge in Seattle, Washington.
The second version of the decree, which its editors presented as unassailable from a legal point of view, was blocked by a judge from Hawaii and a judge from the state of Maryland in the east of the country.
Each time, Mr. Trump denounced a “politicized” justice and announced that he would continue the fight, if necessary until the Supreme Court where he recently appointed a conservative judge.
The judgment of Hawaii will be reviewed on appeal in a week in Seattle, by a panel of three federal judges.
Urgency and disagreements
The Richmond Court of Appeal will consider March 16th decision of Maryland Judge Theodore Chuang, who suspended the decree, including Donald Trump’s anti-Muslim rhetoric since his election campaign.
Judge Chuang was seized by a coalition of liberal and refugee organizations, including the powerful American Civil Liberties Union (ACLU).
These associations will appeal again, supported by a dozen Democratic states. On the other hand, the lawyers of the Ministry of Justice benefit from the support of a dozen republican states.
The prognosis appears undecided, even if the Richmond Court of Appeals counts among its 15 judges nine appointed by Democratic presidents.
The Richmond Court of Appeals “was the most conservative of the (13) federal courts of appeal, but it became more moderate, in part because President Obama appointed new judges,” Carl Tobias told AFP. , Professor of law at the University of Richmond.
This expert expects disagreements among magistrates of appeal, given their number.
“A decision can be expected within one to six months. There is an obvious urgency to make a judgment as quickly as possible, but it will take more time since there will be different opinions on Draft and disseminate between judges, “he said.