Supreme Court Allows Travel Ban 3.0 to Go Into Effect
Today, the U.S. Supreme Court allowed President Donald Trump’s third travel ban to take effect, granting stays of preliminary injunctions in two cases just days before lower appeals courts are scheduled to hear oral arguments in those disputes.
Here is the entire order for the Ninth Circuit case:
“The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court’s October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch.
Justice Ginsburg and Justice Sotomayor would deny the application.”
A similar order in the Fourth Circuit case is here.
UPDATE (12/5): Peter Margulies analyzes the latest developments in the odyssey of President Trump’s travel ban on Lawfare. Shoba Sivaprasad Wadhia and others parses the Court’s order on Medium.
KJ