Friday 23 June 2017

A new front in the legal fight over Donald Trump’s travel ban

AMERICA awaits word from one more court in Trump v International Refugee Assistance Project and Trump v State of Hawaii—cases challenging the president’s entry ban from six Muslim-majority countries. The travel restrictions were blocked by federal judges in mid-March, and the Fourth and Ninth Circuit Courts of Appeals refused to lift those stays in May and June, respectively. Days before their summer recess is set to begin, the nine justices of the Supreme Court are poised to weigh in on Mr Trump’s executive order. They will decide any day whether to hear the cases in the autumn (or, less likely, over the summer) and whether to let the ban take effect in the meantime.

As the justices reckon with the limits of presidential power, a sleeper ruling on June 19th—also involving government animus toward Muslims—throws an unexpected wrench in the works. The case, Ziglar v Abbasi, is a relic from the George W. Bush administration. It addresses the ugly aftermath of the attacks on September 11th, 2001 in...Continue reading

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