U.S. to Seek Supreme Court Review of Second Ruling on Travel Ban

Claudine Rigal
Juin 21, 2017

The state of Hawaii, which had challenged the ban, also gets a chance to submit additional briefs.

But on Monday, the U.S. Court of Appeals for the 9th Circuit went in a more modest direction, and instead said that Trump exceeded his statutory authority in declaring that a wholesale ban on foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen was "detrimental" to national security. It is common practice for presidents to attend such events, which are purely ceremonial.The Supreme Court could discuss how to act on the emergency application at its private conference on June 22, a week after the Gorsuch ceremony.Wall wrote that more time was needed because the 9th Circuit ruling in favour of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds".

Earlier this month, the government asked the high court to review a ruling from the federal appeals court in Richmond, Virginia, which said the 90-day ban unconstitutionally discriminated against Muslims.

The 9th Circuit largely upheld the Hawaii injunction on Monday.

Civil rights and legal organization Asian Americans Advancing Justice was among the organizations that filed an amicus brief last month with the 9th Circuit on the administration's attempt to remove a block on the ban.

Trump has been on the losing side in all four court rulings on the March order and has asked the US Supreme Court for an emergency review.

The Fourth Circuit Court ruled against the Trump policy as unconstitutional, as a form of religious discrimination against Muslims.

Ironically, the judges pointed to Trump's own tweets to validate their ruling, including one from just last week in which the president said his travel ban was needed for "certain unsafe countries".

The new timetable requested Tuesday would deal only with the government appeal of the new Ninth Circuit Court decision. Under that new schedule, the Trump administration has until Thursday to press its case, Hawaii has until next Tuesday to respond, and then the administration until a day later to reply to Hawaii's opposition.

Meanwhile, Trump plans to visit the Supreme Court for the first time Thursday, for the formal installation ceremony for his appointee, Justice Neil Gorsuch, the White House confirmed.

Wall noted that the lawyer for Hawaii objected to the proposal outlined in the letter.

Legendary journalist Lyle Denniston is Constitution Daily's Supreme Court correspondent. His work also appears on lyldenlawnews.com, where this story first appeared.

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