Trump visiting Supreme Court as justices weigh travel ban

Credit Alisdare Hickson Flickr

Credit Alisdare Hickson Flickr

The White House released a memorandum regarding the proposed 90-day travel ban on people entering the US from six Muslim-majority countries that would make the start date whenever court injunctions are lifted.

Trump's planned drop-by for the official investiture of Justice Neil Gorsuch comes as the president's lawyers make nearly daily filings with the justices in an attempt to revive his ban on refugees and travelers from six mostly Muslim countries.

Pointing to the fact that order technically states the ban would last "for 90 days from the effective date of this order", Justice Department lawyers are arguing that the 90-day clock has yet to even start, since Trump's order never took effect. The 4th Circuit found the policy unconstitutional on that basis. The second order was meant to overcome the legal issues posed by the original ban, but was blocked by judges before it could go into effect on March 16. The court at some point questioned the authenticity of the travel ban.

U.S. Chief Circuit Judge Roger Gregory wrote that the text of Trump's executive order, which was challenged in courts across the country for targeting members of a particular faith, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination".

This part of the ruling may be significant as the case moves forward for consideration by the Supreme Court. "The judges concluded that the president had failed to make a case that the order was actually necessary to protect national security, saying that was no "'talismanic incantation' that, once invoked, can support any and all exercise of executive power". Under that interpretation, the whole case would become moot before the Supreme Court had a chance to weigh in, leaving the Fourth and Ninth Circuit rulings to stand. Watson's ruling halted imposition of the order and also stopped this review of the vetting process.

"So we didn't know who to worry about and who not to so we sued over it and were told that this is the purview of the federal government and the president, and now that there's a different president suddenly it seems to be a problem for the courts" that determining who enters the country is a presidential function, he said. Supreme Court considers the fate of the executive order. Slightly more than half were USA citizens born in the United States, and the remaining persons were from twenty-six different countries-with the most individuals originating from Pakistan, followed by Somalia, Bangladesh, Cuba, Ethiopia, Iraq, and Uzbekistan. In a March press call ASTA SVP Government and Industry Affairs Eben Peck said, "I think we're going to look at letting the dust from both bans settle a bit".

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