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The Trump Administration Now Wants SCOTUS To Reinstate The Travel Ban

12 Juin 2017

On Thursday night, the U.S. Justice Department formally asked the Supreme Court to allow the order to be implemented - it would cover travel and refugee admissions from six majority-Muslim countries, Syria, Iran, Sudan, Libya, Somalia and Yemen. "Until he determines they are properly vetted, that's pretty consistent with what we talked about".

"Again and again, our nation's courts have found that President Trump's Muslim ban is unconstitutional", she said.

Another appeals court on the West Coast is yet to rule on a similar appeal after Trump's second "Muslim travel ban" order was blocked indefinitely by a federal judge in the state of Hawaii at the end of March.

Information from Reuters was used in this report.

President Donald Trump is looking to the highest court in the land to approve his controversial executive order that temporarily bans travel from six Muslim-majority nations after a series of defeats in lower courts. The Department of Justice (DoJ) filed two emergency applications with the Court seeking to reverse two lower court rulings that halted President Trump's executive order. Yesterday the government urged the Supreme Court to review the 4th Circuit's ruling on the merits and to freeze the district court's order barring the implementation of the travel ban.

The administration also filed a separate appeal in that case.

That ruling was upheld last month in a ruling by the 4th Circuit Court of Appeals in Richmond, Virginia which stated in its ruing that the order was racist. They say the Constitution makes clear that federal executives control immigration, while immigration laws say the president may "suspend the entry of all aliens or any class of aliens" if he thinks they "would be detrimental to the interests of the USA".

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Trump is asking the court to hear arguments on an expedited basis and to reinstate the executive order in the interim.

The 9th Circuit Court of Appeals heard arguments in the administration's request for a stay pending appeal to lift the Hawaii injunction on May 15, but it has not yet ruled.

Three dissenting judges pointed to a 1972 Supreme Court decision that said courts shouldn't second-guess immigration decisions that are based on a "facially legitimate and bona fide reason". The appeals court's May 25 opinion also faulted the White House for rushing out the first version without consulting with the national security agencies.

The ban needs the backing of at least of five of the nine presiding Supreme Court justices to become law.

The administration says the US will be safer with this policy put in place.

The Supreme Court may well refuse to take this case, "because it's a time-limited order", said Anil Kalhan, law professor at Dexel University Kline School of Law. But the weirdness of the request - which is almost certainly an attempt to speed up the process before the Supreme Court adjourns for the summer - may not sit well with the procedure-minded justices. That ruling could come within two weeks.

According to its lawyers, a ban on enforcement should apply only to a one of the challengers in the Maryland case, a man who seems to bring his Iranian wife to the United States.

The Trump Administration Now Wants SCOTUS To Reinstate The Travel Ban