With 'Friend Of The Court' Brief, Texas Becomes First State To Officially Endorse Trump's Muslim Travel Ban

AUSTIN, TX — It's often said that actions speak louder than words. The tactic was seen in Texas on Wednesday, with the state's filing of an amicus brief with the U.S. Circuit Court of Appeals for the 9th Circuit supporting Donald Trump's travel ban on Muslims — making it the first state to endorse the controversial executive order.

“The law makes it very clear that the president has discretion to protect the safety of the American people and our nation’s institutions with respect to who can come into this country,” Attorney General Paxton said in a prepared statement announcing his court filing. “The safety of the American people and the security of our country are President Trump’s major responsibilities under the law.”

Amicus briefs are legal documents filed in appellate court cases by non-litigants who have a strong interest in the subject matter. Such friend-of-the-court briefs advise the court of relevant, additional information or arguments that the court might wish to consider.

Paxton has shown himself to be an enthusiastic filer of amicus briefs, often inserting Texas into cases argued in other courts of which Republicans who control the state legislature have an interest. The briefs represent an eloquent show of support for other litigants, essentially expressing that Texas does have a dog in the fight even though it's not officially in the ring, metaphorically speaking.

But in his latest amicus brief, Paxton wades into an issue so controversial that even the most conservative of conservative states have been bashful in even dipping their toes in such a manner, instead adopting a wait-and-see stance before entering the legal waters while the constitutionality of the executive order is argued.

A panel of three Ninth Circuit judges recently upheld a temporary restraining order blocking key provisions of Trump's executive order, essentially saying it violates constitutional safeguards against religious discrimination. Trump's executive order indefinitely bans Syrian refugees from entering the United States, temporarily suspends refugee entry and blocks citizens from seven predominantly Muslim countries countries from entering the country — whether or not they're refugees or just visitors — in a temporary, 90-day ban.

While others states (most prominently Minnesota and Washington) have officially given an opinion on the matter, it's been to decry the executive order on the predicate that it harms business interests and is tantamount to a ban on those practicing Islam.

In his press release announcing his amicus brief filing, Paxton said the move shows support of Trump's U.S. Department of Justice in defending his executive order on immigration. Missing from Paxton's support of the DOJ support is that Trump fired his then-acting attorney general, Sally Q. Yates, after she refused to defend the executive order calling for a block in U.S. travel by refugees and those from selectively chosen majority-Muslim nations.

Still, Paxton said his brief "...demonstrates that the president's immigration order is a lawful exercise of congressionally delegated executive power over foreign affairs and national security."

For emphasis, Paxton cited cover via 8 U.S. Code § 1182, which states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Paxton has filed previous amicus briefs — and made a point to publicize his efforts afterward — on issues ranging from his disdain for the idea of a diverse makeup on the State Bar of Texas board of trustees to his support of allowing people in Mississippi to refuse to do business with customers having different religious beliefs than theirs.

To view Paxton's latest amicus brief, click here.

>>> Official photo of Texas Attorney General Ken Paxton via State of Texas