US Supreme Court Asked to Revive President Trump’s Muslim Travel Ban
Thursday, President Donald Trump’s Administration asked the US Supreme Court to revive his plan to temporarily ban travelers from 6 Muslim-majority nations after it was blocked by lower courts that found it discriminatory.
In deciding whether to allow the ban to go into effect, the 9 justices are set to weigh whether President Trump’s election campaign rhetoric can be used as evidence that the order was intended to discriminate against Muslims.
The Administration has filed emergency applications with the 9 high court justices seeking to block 2 different lower court rulings that went against the 6th of March order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the US government implements stricter Visa screening some of which has already been put in place.
“We have asked the Supreme Court to hear this important case and are confident that President Trump’s executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism,” US DOJ spokeswoman Sarah Isgur Flores said in a statement.
A minimum of 5 votes are needed on the 9-Justice court in order to grant a stay.
The court has a 5-4 conservative majority.
A Key court conservative, is Justice Neil Gorsuch, was appointed by President Trump this year.
If the government’s emergency requests are granted, the ban will go into effect immediately.
The court 1st has to act on whether to grant the emergency applications, which could happen within 2 weeks. Then, the Justices will decide whether to hear the government’s full appeal.
The Supreme Court will hear the case due to its importance and the fact that the request is being made by the government.
The DOJ has asked the court to expedite the case so that the Justices could hear it at the beginning of their next term, which starts in October. That means, if the court allows the ban to go into effect, the final decision would be issued long after the 90 days has elapsed.
In the court filings, Acting Solicitor General Jeff Wall highlighted the unprecedented nature of lower courts 2nd-guessing the President on national security and immigration.
During the Presidential campaign, Donald Trump called for a “total and complete shutdown of Muslims entering the United States.”
His administration has argued that the travel ban is needed to prevent terrorism in the United States.
Federal courts in both Maryland and Hawaii issued rulings suspending key parts of the ban. The appeals court in Virginia upheld the Maryland ruling. A San Francisco-based 9th district appeals court is currently considering the Hawaii case.
The Trump administration is asking the Supreme Court to throw out the injunction imposed in both cases.
The March ban was Trump’s 2nd effort to implement travel restrictions on people from several Muslim-majority countries through an executive order. The 1st, issued on 27 January and blocked shortly thereafter.
The 2nd executive order was intended to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on 16 March.
Have a terrific weekend.