In Defense of the Ninth Circuit’s Reliance on the Laws Passed by Congress in Striking Down President Trump’s Revised Travel Ban
Andrew Schoenholtz on The Hill lauds the Ninth Circuit’s reliance on statutory grounds in striking down President Trump’s reviewd travel ban. The Fourth Circuit struck down the revised travel ban on constitutional grounds.
It seems to me that the Ninth Circuit decision reduces the chances that the Supreme Court will accept review of the Fourth Circuit ruling. There is no conflict between circuits, often the basis for the Court to grant review in a case. Here, the Ninth and Fourth Circuits reach the same ultimate conclusion, one based on constitutional grounds and the other on statutory grounds. If the Courts had reached conflicting conclusions, Supreme Court review would seem extremely likely. The Court could still decide that the case raises important issues that justify review. We will have to wait and see.
For Supreme Court filings in the revised travel ban cases, click here.
KJ