Published: Mon, June 26, 2017
Global News | By Stacy Ballard

Attention on Supreme Court as justice weigh Trump travel ban


While the 2018 midterms have been looked upon in terms of a referendum on President Trump or a referendum on impeachment, they are also, for the Senate, a referendum on whether this president should be allowed two more years to pick a possible replacement for Kennedy or one of the other justices.

That includes people visiting a close family member, students who have been admitted to a university or workers who have accepted an employment offer, the court said.

Trump said last week that the ban would take effect 72 hours after being cleared by the court. For people who want to come to the United States to work or study, "the relationship must be formal, documented and formed in the ordinary course, not for the goal of evading" the travel ban.

Kennedy's departure would give Trump the opportunity to appoint someone more conservative.

The travel ban sparked massive protests and lawsuits, all of which the Trump administration lost until now.

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On the other hand, Kennedy is well aware of his role on the court and could be alarmed by how politicized the confirmation process has become.

Mr Trump's policy had been left in limbo since it was struck down by federal judges in Hawaii and Maryland, who found it to be discriminatory. That means some refugees may get stuck, but nowhere near the number of people ensnared by the first ban.

The first executive order was issued one week into his term, and sought to bar people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the USA for 90 days and all refugees for 120 days. The president announced the travel ban a week after he took office in January and revised it in March after setbacks in court. In fact, tomorrow will mark both the end of the Court's current term and the second anniversary of the Obergefell decision.

The action Monday is a victory for President Donald Trump in the biggest legal controversy of his young presidency.

The best days Trump had on the campaign trail were all centered on the Supreme Court. Gorsuch is a stickler for the written text of statutes - and banning Muslims isn't mentioned in Trump's executive order. Trump's conservative base rejoiced when the president picked Neil Gorsuch in April to replace the late Justice Antonin Scalia, reports said.

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Thomas said he would have stayed the injunctions "in full", adding the government is "likely to succeed on the merits".

"As the court's most important Justice - at the center of the institution's ideological balance - Justice Kennedy's ability to bridge the divide between left and right on critical issues such as the right to access abortion can not be overstated", said Elizabeth Wydra, president of the Constitutional Accountability Center.

"I fear that the court's remedy will prove unworkable", Justice Thomas wrote. His administration has made an emergency request asking for the ban to go into effect while the litigation continues.

The executive order, titled "Protecting the Nation From Foreign Terrorist Entry Into the United States", argued that the temporary suspensions on arrivals from the six countries and the ceiling on the number of refugees were needed to review existing practices for screening and vetting foreign nationals.

The court could also delay its recess to allow more time to consider the case, or even put it off to the autumn session. "However, Sandra Day O'Connor did retire two days after the term ended".

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