THREE months after the Supreme Court gave the Trump administration a provisional green-light to implement its second try at a ban on travel from several majority-Muslim countries, the justices have scrapped a hearing scheduled for October 10th at which the order would have faced a final legal reckoning. The parties in Trump v International Refugee Assistance Project and Trump v Hawaii have until October 5th to send new briefs to the justices outlining where the litigation should go next, but in the meantime, the cases have been wiped off the argument calendar.
Donald Trump’s March 6th order banning all travel from six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—was not received well by the judiciary. Appeals courts concluded in the spring that the restrictions, along with a ban on refugees, seemed to violate the First Amendment or exceed presidential power under federal immigration law. On June 26th, the Supreme Court issued an injunction staying those rulings, saying Mr Trump’s ban could go into...Continue reading
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