Sunday, 09 December, 2018

Not a final ruling, but justices OK travel ban enforcement

It Seems The Supreme Court Will Side With Trump’s Travel Bans MATT WADE is licensed under CC BY 2.0
Melinda Barton | 06 December, 2017, 14:48

In October, federal judges in Maryland and Hawaii blocked major parts of the latest ban while legal challenges proceed.

Seven of the nine judges lifted restrictions on the travel ban imposed by other courts earlier.

Just two justices, Ruth Bader Ginsburg and Sonia Sotomayor, noted their disagreement with court orders allowing the latest policy to take full effect.

The orders gave no reasons for the court's shift.

Instead of previous temporary travel bans, the president now "has imposed an indefinite one, deepening and prolonging the harms a stay would inflict", says the brief submitted on Hawaii's behalf by Washington lawyer Neal Katyal. It also attracted widespread protests, like this one in NY city. The American Civil Liberties Union (ACLU), which is challenging the travel ban in court, said in a statement that it will be arguing for the complete striking down of the order, in the Fourth Circuit appeals court on Friday.

Russia's justice ministry yesterday named nine USA media outlets including Voice of America as "foreign agents" after President Vladimir Putin signed a law last month allowing global media to be slapped with the controversial label.

The Court ruled by 7-2 to allow the controversial policy to enter full force, affecting people from Chad, Iran, Libya, Somalia, Syria and Yemen, pending a number of legal challenges making their way through the courts.

Lower courts had issued restrictions on fully implementing the ban, saying Trump's action discriminated based on nationality.

The Trump administration has maintained that the President has the authority to install travel bans in order to protect national security and protect the country from terror attacks. A spokesman for the White House, Hogan Gidley, said, "We are not surprised by today's Supreme Court decision", calling it "lawful and essential to protecting our homeland".

The lower court rulings "threaten the ability of this and future Presidents to address national-security threats and advance foreign policy interests", the Justice Department wrote in its 9th Circuit appeal.

Michael S Glassner, executive director of Donald J Trump for President campaign committee, welcomed the decision. "He has repeatedly confirmed it, including just last week on Twitter", he said, referring to the President retweeting a series of anti-Muslim videos posted by a British nationalist.

The ruling is a win for the Trump administration after much deliberation and consideration on multiple levels of the court system.

Oral arguments are scheduled for soon in both federal appeals court cases on whether the ban exceeds the president's broad powers on immigration.

Judge Chuang limited his injunction to exclude people without "a credible claim of a bona fide relationship with a person or entity in the United States", quoting from a Supreme Court order issued in June concerning the second travel ban. They filed an emergency appeal November 20 contending that allowing the ban to go into only partial effect "will cause ongoing irreparable harm to the government and the public".