Published: Wed, June 07, 2017
Global News | By Stacy Ballard

The Trump Administration Now Wants SCOTUS To Reinstate The Travel Ban

The Trump Administration Now Wants SCOTUS To Reinstate The Travel Ban

The Department of Justice on Thursday night asked the Supreme Court to reinstate President Donald Trump's executive order to temporarily ban people from six majority Muslim countries from traveling to the United States.

Under Supreme Court precedent, several criteria need to be met for an emergency application to be granted, including that there would be "irreparable harm" if denied and that there is a "reasonable probability" the court would agree to hear the case on the merits.

"The court did not dispute that the president acted at the height of his powers in instituting" the executive order's "temporary pause on entry by nationals from certain countries that sponsor or shelter terrorism", the brief said.

The travel ban was one of Trump's first executive orders.

That order took effect immediately, resulting in chaos and confusion at airports as the Homeland Security Department tried to sort out who the ban applied to and how to implement it. A three-judge panel that heard arguments on May 15 and has yet to rule. The justices are scheduled to end their work at the end of the month. Acting solicitor general Jeffrey Wall has said that the ruling in the Hawaii case has prevented the government from moving forward on those objectives.

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It banned entry to nationals from Somalia, Iran, Iraq, Syria, Sudan, Libya and Yemen for 90 days and stopped the refugee programme for 120 days.

The revised order appeared in the Federal Register on March 9 and was blocked by judges in Hawaii and Maryland.

After the 9th Circuit failed to revive the order, Trump chose to re-draft it rather than taking the issue to the Supreme Court at that time.

The Virginia court has thus upheld a ban on enforcement imposed by a federal judge in Maryland.

During his election campaign, Trump called for a "total and complete shutdown of Muslims entering the United States". The court is likely to ask the challengers to weigh in on the government's efforts to obtain temporary relief; an order asking for their views could come at any time, perhaps even as soon as today.

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The executive order "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination", Circuit Judge Roger Gregory wrote.

"The decision below is the first to hold that a provision of federal law - neutral on its face and in operation - violates the Establishment Clause based on speculation about its drafters' supposedly illicit goal", the Justice Department said. Thus, they said that review should go over to the next term. At issue is whether the ban violates the Religion Clauses of the First Amendment, the Due Process Clause of the Fifth and 14th Amendments, and the ban on nationality discrimination in the issuance of immigrant visas contained in a 65-year-old congressional law.

The government had argued that the court should not take into account President Trump's campaign comments because they occurred before he took office in January.

FILE - In this February 13, 2016, file photo, people stand on the steps of the Supreme Court at sunset in Washington.

The White House says the order is a matter of urgent national security, claiming all travel from the six nations needs to be halted for 90 days so that new vetting measures can be put in place.

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