Supreme Court Will Review Challenge To Travel Ban 3.0

The Supreme Court Will Hear A Case Challenging Trump's Third Travel Ban Attempt

Supreme Court Will Review Challenge To Travel Ban 3.0

The Trump administration had moved to appeal in the 9th U.S. Circuit Court of Appeals.

Normally, the government would appeal a district judge's decision to the 9th Circuit Court of Appeals.

Noel Francisco said the court should agree to decide the case soon and issue a ruling by the summer.

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The Supreme Court on December 4 had allowed the travel ban to go into full effect, pending either the appeals court ruling or the justices' decision on whether to grant review. Under the Court's usual timetable, review nearly had to be granted now in order for there to be enough time for lawyers to file briefs and for the Court to hold a hearing during the current term.

The Supreme Court agreed Friday to hear a legal challenge to President Trump's travel ban, and this is good news for the rule of law and those who believe in the proper separation of powers under the Constitution.

"We have always known this case would ultimately be decided by the United States Supreme Court".

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The court likely will hear arguments in April and issue a ruling by the term's end in late June. In granting cert, the Court specifically asked the parties to address the question of whether the Executive Order, which restricts immigration from certain countries, violates the Establishment Clause. The administration has taken a beating in the many challenges to its immigration initiatives, including the three iterations of the "travel ban" applicable to noncitizens from predominantly Muslim countries. The Justices have a chance to rule on the legality of Mr. Trump's ban but also whether judges can ignore the law merely because they loathe Mr. Trump and all his works.

The Constitution gives Congress the power to set the law on immigration, and the president is given the duty to enforce it. For now, most citizens of Chad, Iran, Libya, North Korea, Somalia, Syria and Yemen will be barred from entering the United States, along with some groups of people from Venezuela. He added that the third order had been the result of "an extensive, worldwide review by multiple government agencies".

In the early rounds, lawyers pointed to Trump's promise as a presidential candidate to enact a "Muslim ban", and judges agreed his order reflected an unconstitutional discrimination based on religion. The high court, however, has allowed most of the program to take effect.

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"The courts below", Francisco wrote, "have overridden the president's judgments on sensitive matters of national security and foreign relations, and severely restricted the ability of this and future presidents to protect the nation". The decision left in place a Fifth Circuit Court ruling preventing the Obama administration from expanding DACA and blocking the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).

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