SCOTUS allows full travel ban to take effect

WASHINGTON — The Supreme Court gave President Donald Trump a significant victory Monday, ruling he may put his full travel ban into effect while legal appeals are being weighed in lower courts.

The decision, with only two dissents, strongly suggests the justices believe the current version of Trump’s broad travel ban does not exceed his powers under the immigration laws and does not reflect unconstitutional religious discrimination against Muslims.

The justices issued an order Monday afternoon saying they had stayed or blocked lower court decisions that prevented full enforcement of the ban. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

The court’s action vindicates a rather bold procedural move by Trump’s Solicitor General Noel Francisco.

Two weeks ago, he filed an emergency plea with the high court urging the justices to bypass two lower courts that were weighing legal challenges to the third version of Trump’s travel order, which was issued Sept. 24.

The third version of the travel ban blocks visitors and immigrants from Chad, Iran, Libya, Somalia, Syria, Yemen and North Korea. The addition of North Korea is mostly symbolic, since the government did not expect to see visitors arriving from that country.

The order had gone into partial effect based on a middle-course position the Supreme Court set out in late June. Then, ruling on an earlier version of the travel order, the justices ruled the administration could refuse entry for visitors and immigrants from several Muslim nations, but not to families, travelers and others who had a “credible claim of a bona fide relationship with person or entity in the United States.”

In recent weeks, the 9th Circuit Court of Appeals, based in California, and a federal judge in Maryland adopted that standard and applied it to Trump’s latest order. They agreed the ban could go into effect in part, but not against those who had close personal or professional ties to a person or an entity here. The 9th Circuit and the 4th Circuit, based in Richmond, Va., were still weighing claims that Trump’s order discriminated based on nationality in violation of a 1965 law. The appeals courts are also considering claims that the ban reflected unconstitutional bias against Muslims.

Trump’s lawyers were not satisfied with that partial win in the appeals courts. They filed an emergency appeal Nov. 20 contending that allowing the ban to go into only partial affect “will cause ongoing irreparable harm to the government and the public.” They predicted the court would eventually uphold the order so the justices should permit the order to go into full effect without further delay.

Lawyers for the ACLU and state of Hawaii filed lengthy responses urging the court to maintain the status quo while the legal claims are heard and decided. But Francisco told the justices that to allow that delay would “cause ongoing irreparable harm to the government and the public.”

Tribune News Service
Share
Published by
Tribune News Service

Recent Posts

Striking Boston Marriott workers reach tentative agreement, negotiations continue in San Francisco

Some 1,500 striking Marriott hotel workers in Boston, Mass. have reached a tentative agreement in contract negotiations with the hotel…

4 mins ago

Nov. 18-20: Disney Junior Dance Party on Tour, End of Life Resource Fair, Castle in the Sky, Marion Nestle, Sonics, Esperanza Spalding, Bandstand, Volti and Left Coast Ensemble, Good Charlotte, Thanks to Hank

SUNDAY, NOV. 18 Disney Junior Dance Party on Tour: The 90-minute interactive concert experience for kids and families features live…

31 mins ago

SF Preps: San Francisco Section postpones football semifinals to Thanksgiving Week

The smoke and ash from the Camp fire in Butte County continues to impact local high school sports in the…

2 hours ago

In first hearing to appeal SF scooter permit loss, Spin alleges ‘biased’ process

Scooter company Spin lost its bid to operate in San Francisco but now it’s trying to spin that decision around.…

16 hours ago

California fires: Death toll in Paradise rises to 71; more than 1,000 unaccounted for

The death toll from California’s worst fire rose to 71 on Friday, with more than 1,000 people still unaccounted for.…

16 hours ago

SF residents urged to stay indoors, avoid smoky air

As poor air quality persists throughout the Bay Area from the Camp Fire in Butte County--the deadliest fire in California's…

19 hours ago