As federal courts continue to issue rulings on President Trump’s travel ban, it is likely that the Supreme Court will eventually hear the case. For the moment, the nation’s highest court continues to deliver the President temporary-but-significant legal victories on the issue.
According to The Washington Examiner, the Supreme Court on Tuesday dismissed Hawaii’s challenge to the 120-day refugee ban established by the President’s Executive Order, citing the expiration of the 120 days–which effectively made the case moot.
The case in question, Hawaii v. Trump, centered on the Executive Order that, among other measures, placed a halt on refugee entry for 120 days. The 9th Circuit Court of Appeals sided with the State of Hawaii’s assertion that the order discriminated based on religion.
The Supreme Court sent the case back to the 9th Circuit Court and has vacated lower court rulings on the refugee ban. This comes shortly after the Supreme Court denied hearing oral arguments for a related case last month.
As Christian News Alerts noted, the Supreme Court also threw out Trump v. International Refugee Assistance Project because the case’s central argument–the 90-day travel ban–expired in September.
Supreme Court Justice Sonya Sotomayor dissented from the order, vacating the lower courts’ judgments. Although America’s ultimate judicial body has now twice ruled in favor of the Trump administration, the issue is not settled definitively.
In light of the expired aspects of President Trump’s Executive Order, as well as the legal challenges to it, the White House rolled out a new travel ban with significant modifications. Most prominently, the new Executive Order makes the travel ban indefinite rather limited to 90-days, as Christian News Alerts reported.
Additionally, the new travel ban changed some of the countries on the restricted list based on those nations’ cooperation with American vetting procedures. The order now includes North Korea and Venezuela, in essence countering the unfounded claim of the Executive Order being a “Muslim ban.”
Nevertheless, the State of Hawaii has already taken legal action against the new Executive Order. CNN reported that Judge Derrick Watson of the US District Court for the District of Hawaii blocked the revised travel ban.
But the White House is remaining firm in its determination to see the Executive Order implemented. As covered by The Washington Examiner, Attorney General Jeff Sessions has lauded the President’s travel ban. “The president’s executive order is an important step to ensuring that we know who is coming into our country,” Sessions said.
The Attorney General continued: “It is a lawful, necessary … order that we are proud to defend and indeed most may not know the Supreme Court has already vacated one court’s injunction against that order and we are confident we’ll prevail as time goes by in the Supreme Court.”
The Supreme Court dismissed Hawaii’s challenge of Trump’s refugee ban. Do you agree with their decision?
Accordingly, The Examiner noted that the Justice Department Tuesday asked the 4th Circuit Court of Appeals to review the decision that blocked the Executive Order. Any decision by the 4th Circuit Court will likely be appealed to the Supreme Court.
The nine justices who currently sit on that court will ultimately decide whether the President has the national security authority to determine who can enter the country — a right already granted to the Executive Branch by law.