Yesterday the Supreme Court acted on the Trump administration’s appeal of the “Travel Ban,” or Executive Order No. 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States”. Two appeals courts had issued decisions blocking the rules from being enforced. The Supreme Court agreed to add the case to its calendar for oral arguments in the fall and ruled that until it has a chance to fully consider the matter, “foreign nationals abroad who have no connection to the United States at all” may be kept out.
The Court consolidated the travel ban cases from the 4th and 9th U.S. Circuit Courts of Appeals and scheduled oral arguments for the first session of the Court’s next term, which begins in October. They also made a rare point in the order to mention it would be on the early part of the calendar, and that the administration did not ask for a more rapid review. President Trump signed the Executive Order on March 6, 2017, prohibiting the entry of foreign nationals to the U.S.A. from six countries with high instances of terrorism for a 90-day period.
Justice Thomas wrote separately, and was joined by Justices Alito and Gorsuch in writing: “I agree with the Court that the preliminary injunctions entered in these cases should be stayed, although I would stay them in full.” Thomas went on to criticize the Court for creating an essentially unworkable solution, and that the measure of what sufficient ties to the United States will mean for this rule are not clear. President Trump praised the court in a statement saying “[t]oday’s unanimous Supreme Court decision is a clear victory for our national security.”
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