Yesterday a Hawaii federal district court granted the state of Hawaii's motion to convert its
prior temporary restraining order against President Trump's second travel ban Executive Order into a temporary injunction. In
State of Hawai'i v. Trump, (D HI, March 29, 2017), the court concluded that "Plaintiffs have met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim...." The court said in part:
The Court determined in its TRO that the preliminary evidence demonstrates the Executive Order’s failure to satisfy Lemon’s first test.... As no new evidence contradicting the purpose identified by the Court has been submitted by the parties since the issuance of the March 15, 2017 TRO, there is no reason to disturb the Court’s prior determination.
Instead, the Federal Defendants take a different tack. They once more urge the Court not to look beyond the four corners of the Executive Order.... No binding authority, however, has decreed that Establishment Clause jurisprudence ends at the Executive’s door.
