Wednesday, July 19, 2017

Supreme Court Rules Again On Scope of Travel Ban During Appeal

Once again the Supreme Court has found a complicated middle path in the ongoing challenge to President Trump's second Travel Ban Executive Order.  As previously reported, a Hawaii federal district court held that the government too narrowly interpreted the Supreme Court's temporary order that precludes while appeal is pending, enforcement of the ban against foreign nationals who have a bona fide relationship with a person or entity in the United States.  The government asked the Supreme Court to clarify the matter.  Today in Trump v. Hawaii, (Sup. Ct., July 19, 2017), after receiving briefs on the matter, the Supreme Court refused to stay the portion of the district court's order that allows in otherwise banned foreign nationals from 6 Muslim-majority countries if the travelers have grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, or cousins in the United States. The Supreme Court however suspended, while the government's appeal to the 9th Circuit is pending, the portion of the district court's order that would have allowed entry of refugees who have assurances of placement from a resettlement agency, as well as those entering under the Lautenberg Program.  Justices Thomas, Alito and Gorsuch said they would have stayed the entire district court order.  SCOTUSblog reports on the Supreme Court's action.