three-judge panel

Judges deny request to return Trump’s name to Kennedy Center pending an appeal

A three-judge panel on Wednesday denied a request from the Kennedy Center’s board to keep President Trump’s name on the institution while the board appeals an earlier ruling that dubbed the name change illegal and had it rescinded.

It’s another setback for the board of trustees, of which Trump is chairman, in a saga that began earlier this year when the Kennedy Center became: “The Donald J. Trump and The John F. Kennedy Center for the Performing Arts.”

The conspicuous addition, and ensuing legal battle, became symbolic of Trump’s broader push to imprint his legacy — and, in this case, his actual name — on the nation’s capitol in his final term.

The panel of judges wrote Wednesday that the request “failed to show how they will be irreparably injured” if Trump’s name remains off the building through the appeal process.

The board had argued that the the removal “threatens to impede” fundraising efforts, but the judges found that claim came without the support of “specific facts or evidence.”

The Kennedy Center did not immediately respond to an emailed request for comment.

A federal judge earlier this year ruled that the name change was illegal, and Trump’s name was removed from the building’s white marble facade in June.

Bedayn writes for the Associated Press.

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Appeals court says Trump’s asylum ban at the border is illegal, agreeing with lower court

An appeals court on Friday blocked President Trump’s executive order suspending asylum access, a key pillar of the Republican president’s plan to crack down on migration at the southern border of the U.S.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can’t circumvent that.

The panel concluded that the Immigration and Nationality Act doesn’t authorize the president to remove the plaintiffs under “procedures of his own making,” allow him to suspend plaintiffs’ right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

“The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals,” wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Biden.

The White House didn’t immediately respond to a request for comment.

ACLU attorney Lee Gelernt said in a statement that the appellate ruling is “essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration’s unlawful and inhumane executive order.”

Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.

Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.

Judge Cornelia Pillard, who was nominated by Democratic President Obama, also heard the case.

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