Washington: Khizr Khan, father of Capt. Humayun Khan who was killed on duty in Iraq, personally appealed to the Supreme Court to strike down President Donald Trump’s travel ban, arguing that it was unconstitutional and “desecrates” his son’s sacrifice, the media reported.
Originally from Pakistan and a Muslim, Khan filed the legal brief on Friday because, in his view, Trump’s travel ban “not only desecrates Humayun Khan’s service and sacrifice as a Muslim- American officer in the US Army, but also violates Khizr Khan’s own constitutional rights”. his attorney, Dan Jackson, wrote in the brief.
The ban places varying levels of restrictions on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen, CNN reported.
Known for his impassioned speech at the 2016 Democratic National Convention, Khizr Khan is also a lawyer.
Capt. Humayun Khan was killed in 2004 when he moved to stop a car containing suicide bombers headed toward his base in Iraq, for which he was posthumously awarded the Bronze Star.
The brief describes the Khan family’s history and the service of Humayun Khan, mentioning as well the DNC speech where Khizr Khan held up a pocket Constitution and emotionally asked Trump if he had read it.
The brief also notes Trump’s comments on the campaign trail that he wanted to institute a “Muslim ban”, a key component of critics’ arguments that the administration’s travel ban is a thinly veiled attempt to target Muslims.
“The taint of discrimination has not been washed away,” the brief argues, saying the latest travel ban and its predecessors all flow from that original idea.
“The message is that Muslims are unwelcome outsider… And that message has been received loud and clear — not only by Muslims like Mr. Khan, but by those who have been denigrating and attacking Muslims with increasing frequency and vehemence since President Trump called for, and then began trying to implement, his unconstitutional Muslim Ban.”
Jackson told CNN on Friday that Khizr Khan felt compelled to weigh in because of the impact of the travel ban on his son’s legacy.
“I don’t know anyone who respects our Constitution more, or has suffered greater loss for its defence, than Mr. Khan and his family,” Jackson said.