President Trump’s travel ban Executive Order against terror-compromised countries has been the subject of one of the most bitter legal struggles in modern American politics. Although the Supreme Court has allowed Trump to enforce one of his signature policies, the President’s opponents are determined to obstruct it.
According to Reuters, the state of Hawaii sent a letter to the Supreme Court, saying it plans to challenge Trump’s latest travel ban by amending its lawsuit against the last one. It also urged the Supreme Court to hear the travel ban case it dropped after the Trump administration released a revised version of the Executive Order.
Hawaii is one of several entities–including the American Civil Liberties Union (ACLU)–that is preparing to challenge the amended travel ban. The hope of Trump’s opponents is that the Supreme Court will keep in place restrictions on the ban levied by lower courts in response to lawsuits.
The nation’s highest court had stayed the majority of these restrictions in anticipation of a hearing this month. But because the terms of the original order expired and were replaced with a new ban, the Supreme Court took the case off their calendar.
The original travel ban targeted foreign nationals from Iran, Libya, Syria, Yemen, Somalia, and Sudan. The new, open-ended ban, which is soon to go into effect, removed Sudan. The Trump White House has added North Korea, Chad, and Venezuela to the list of countries whose citizens are blocked from entry unless they have close family members in the US.
Challengers to the Executive Order, who claim it discriminates against Muslims, want the Supreme Court to still hear the case. They are also asking for the lower court rulings against the original order to be put in place against the new one.
The Justice Department is urging the Supreme Court not to hear the case, as well as to dismiss the lower court rulings that had invalidated the ban. The position of the Justice Department is that the case is moot.
Lawyers from the Justice Department addressed a letter to the Supreme Court making their case for why previous rulings should not apply to the revised order. “The lower courts should be considering challenges to the proclamation anew based on its text, operation, and findings,” the letter read.
Even if the Supreme Court dismisses litigation against the order, it may have to weigh in on the case eventually if new lawsuits are brought against it, which is probable. The new travel ban is, in part, a response to continued instances of radical Islamic terror around the globe.
Hawaii will challenge all Trump travel bans. Do you think the bans will ultimately be upheld?
As The Hill reports, Trump called for a “larger, tougher and more specific” travel ban after the London subway bombing last month, which injured 23 people. The addition of Venezuela and North Korea–nations with US-hostile communist regimes guilty of human rights abuses–poses a challenge for opponents of the order, who now find it more difficult to argue that it discriminates against Muslim countries.
The President’s detractors say banning persons from terror-torn nations is unfair to innocent civilians who seek refuge from violence. As The Guardian notes, people from the targeted countries can request a waiver on a case-by-case basis.
Trump is also expected to soon reveal the new refugee cap, which will likely be much lower than the 110,000 per year number used by former President Barack Obama. That will most likely be opposed by the open borders contingent as well.