The Supreme Court has granted certiorari in Ninth Circuit travel ban case.
Latest in Travel Ban
The Ninth Circuit's opinion leaves space open for the Supreme Court to adopt a saving construction that permits the executive branch to implement “procedures” that deny entry and visas based on nationality.
The Ninth Circuit holds that the president’s proclamation (EO-3), which indefinitely limits immigration from certain listed countries, exceeds the president’s power under the Immigration and Nationality Act (INA).
In the Fourth Circuit Court of Appeals en banc hearing in International Refugee Assistance Project (IRAP) v. Trump, the difference between “legality” and “reality” came to the fore.
The Supreme Court’s sober, sterile and swift order is a victory for the Trump Administration.
Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings
The Supreme Court’s order allows the latest iteration of the travel ban to go into effect, pending further proceedings. However, this latest stay signifies little or nothing regarding the court’s view of the merits in the challenges to EO-3.
The Supreme Court issued orders in Trump v. Hawaii and Trump v. IRAP, allowing the White House's revised travel ban to take effect while litigation proceeds in the Fourth and Ninth circuits. The full orders are below.
Trump v. Hawaii
On Tuesday, the White House released an executive order resuming the U.S. Refugee Admissions Program.
The Supreme Court vacated the Ninth Circuit's decision in Hawaii v. Trump and remanded it with orders to dismiss as moot.
Last week's temporary restraining order in Hawaii v. Trump is a thorough application of the Ninth Circuit's previous ruling in that case. But if the Supreme Court vacates the Ninth Circuit precedent, as many expect it to do shortly, the restraining order will be on weaker footing.