Trump delays effective date of travel ban amid court battle

Credit Alisdare Hickson Flickr

Credit Alisdare Hickson Flickr

The Supreme Court has asked the federal government and states challenging the ban to submit arguments. Hopefully, all of that will soon change.

The US President issued an executive order on refusing entry to travellers from six mostly Muslim countries, however three judges this week refused to reinstate the measure after an earlier injunction.

The justices of the US Supreme Court are accustomed to being cordial in the face of conflict.

The decision issued by the 9 Circuit Court on June 12, 2017, was unanimous. The 9th Circuit ruling says it can now go ahead with that.

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".

Given the high court's looming summer recess-the spring term ends on June 26-the schedule is tight for everyone and tensions may run high this month even for the usually cool justices.

The latest ruling against the Trump administration's ban on travel from six Muslim nations is a particularly sharp blow to the president not because it is more sweeping than previous legal decisions - the 9th Circuit's decision is actually somewhat narrower than the district court opinion in the case - but because it reaches the same result for different reasons.

President Donald Trump once told opponents of his travel ban that he'd see them in court, and he's doing everything he can to keep that promise. The start date on the original order was March 16.

Going forward, if either side wishes for appellate review of a class certification decision, it will have to seek permission from the court of appeal under Rule 23 (f). Watson's ruling halted imposition of the order and also stopped this review of the vetting process.

Masri noted that CAIR filed an amicus ("friend of the court") brief in the case. The executive order was set to expire 90 days from its initial issuance, which means tomorrow.

The clock is ticking.

The terms of the revised executive order state that a ban will be applied to travelers from any country that does not cooperate with USA officials to determine whether that country provides sufficient information about its nationals to assure "that the individual seeking the [visa, admission, or other] benefit is who the individual claims to be and is not a security or public-safety threat".

As for Gorsuch's investiture ceremony, there will probably be no explicit talk of Trump's travel ban but the controversial executive order will surely loom large nonetheless.

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