Gov't Wants More Time To Address Second Travel Ban Ruling

Justin Greene
June 21, 2017

Earlier this month, the Department of Justice asked the Supreme Court to allow the "ban" to take effect, while also asking the court to fast-track the case.

A panel of judges in San Francisco unanimously upheld a block on implementation of the travel ban without even reaching the question of whether it amounts to unconstitutional religious discrimination.

The Virginia court ruled that the 90-day suspension of visas for citizens of Iran, Syria, Yemen, Libya, Sudan, and Somalia, signed by Trump on March 6, was unconstitutional because it discriminated against Muslims.

According to Tuesday's briefing schedule, the parties need to submit their briefs regarding the stay and cert petitions by June 21.


"President Trump knows that the country he has been elected to lead is threatened daily by terrorists who believe in a radical ideology, and that there are active plots to infiltrate the United States immigration system - just as occurred prior to 9/11", Sessions said in a statement on Monday.

But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.

Trump's visit to the court would be his first since he became president on January 20 and would put him face-to-face with the nine justices as they consider the fate of his travel ban unless the court acts before then. "As the government says, there is no doubt that this executive order 'has been the subject of passionate political debate.' But whatever one's views, 'the precedent set by this case for the judiciary's proper role in reviewing the president's national security and immigration authority will transcend this debate, this order, and this constitutional moment'". The petition also asked the Supreme Court justices to determine the legality of the executive order. The case similarly found that a 120-day ban on admitting refugees also violated the Immigration and Naturalization Act without relying on the Frist Amendment's Establishment Clause to do so.

Interestingly, in a filing with the Supreme Court Monday, the plaintiffs in the Maryland case argued that the controversy is about to become moot because the entry ban was meant to last for only 90 days and that period ends two days from now. The high court seat was vacant for almost 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.

Other reports by Ligue1talk

Discuss This Article

FOLLOW OUR NEWSPAPER