AP, Washington :
President Donald Trump’s administration on Thursday asked the U.S. Supreme Court to revive his ban on travelers from six Muslim-majority nations after it was blocked by lower courts that found it was discriminatory.
The administration filed two emergency applications with the nine high court justices seeking to block two different lower court rulings that went against Trump’s March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening.
The move comes after the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on May 25 upheld a Maryland judge’s ruling blocking the order.
The administration also filed a separate appeal in that case. “We have asked the Supreme Court to hear this important case and are confident that President Trump’s executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism,” Justice Department spokeswoman Sarah Isgur Flores said in a statement.
At least five votes are needed on the nine-justice court in order to grant a stay. The court has a 5-4 conservative majority, with Justice Anthony Kennedy – a conservative who sometimes sides with the court’s four liberals – the frequent swing vote. Another of the court’s conservatives, Neil Gorsuch, was appointed by Trump this year. If the government’s request is granted, the ban would go into effect.
In its 10-3 ruling, the U.S. 4th Circuit Court of Appeals said challengers of the ban, including refugee groups and others represented by the American Civil Liberties Union, were likely to succeed on their claim that the order violated the U.S. Constitution’s bar against favoring or disfavoring a particular religion.
The March ban was Trump’s second effort to implement travel restrictions on people from several Muslim-majority countries through an executive order. The first, issued on Jan. 27, led to chaos and protests at airports and in major U.S. cities before it was blocked by courts.
The second order was intended to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on March 16.
The Washington Post adds: The Trump administration on Thursday asked the Supreme Court to let it move forward with the president’s plan to temporarily ban citizens from six mostly Muslim countries, elevating a divisive legal battle involving national security and religious discrimination to the nation’s highest court.
Justice Department lawyers asked the court to overturn a decision of the full U.S. Court of Appeals for the 4th Circuit that kept in place a freeze on President Donald Trump’s revised ban.
The 10-to-3 ruling last week was one in a series of legal defeats for the administration, as judges across the country have said Trump’s claim of protecting the nation was cover for making good on a campaign promise to ban Muslims from entry into the United States.
The government’s filing late Thursday asks the justices to set aside the 4th Circuit ruling and accept the case for oral arguments. It also asks the high court to lift a nationwide injunction issued by a federal judge in a separate Hawaii case. A panel of the U.S. Court of Appeals for the 9th Circuit, which covers Hawaii, heard the government’s arguments in that case last month, but has not yet ruled.
In turning to the high court, Justice Department lawyers said the 4th Circuit should have considered only the language of the executive order and not second guessed the president’s motivations.
President Donald Trump’s administration on Thursday asked the U.S. Supreme Court to revive his ban on travelers from six Muslim-majority nations after it was blocked by lower courts that found it was discriminatory.
The administration filed two emergency applications with the nine high court justices seeking to block two different lower court rulings that went against Trump’s March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening.
The move comes after the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on May 25 upheld a Maryland judge’s ruling blocking the order.
The administration also filed a separate appeal in that case. “We have asked the Supreme Court to hear this important case and are confident that President Trump’s executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism,” Justice Department spokeswoman Sarah Isgur Flores said in a statement.
At least five votes are needed on the nine-justice court in order to grant a stay. The court has a 5-4 conservative majority, with Justice Anthony Kennedy – a conservative who sometimes sides with the court’s four liberals – the frequent swing vote. Another of the court’s conservatives, Neil Gorsuch, was appointed by Trump this year. If the government’s request is granted, the ban would go into effect.
In its 10-3 ruling, the U.S. 4th Circuit Court of Appeals said challengers of the ban, including refugee groups and others represented by the American Civil Liberties Union, were likely to succeed on their claim that the order violated the U.S. Constitution’s bar against favoring or disfavoring a particular religion.
The March ban was Trump’s second effort to implement travel restrictions on people from several Muslim-majority countries through an executive order. The first, issued on Jan. 27, led to chaos and protests at airports and in major U.S. cities before it was blocked by courts.
The second order was intended to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on March 16.
The Washington Post adds: The Trump administration on Thursday asked the Supreme Court to let it move forward with the president’s plan to temporarily ban citizens from six mostly Muslim countries, elevating a divisive legal battle involving national security and religious discrimination to the nation’s highest court.
Justice Department lawyers asked the court to overturn a decision of the full U.S. Court of Appeals for the 4th Circuit that kept in place a freeze on President Donald Trump’s revised ban.
The 10-to-3 ruling last week was one in a series of legal defeats for the administration, as judges across the country have said Trump’s claim of protecting the nation was cover for making good on a campaign promise to ban Muslims from entry into the United States.
The government’s filing late Thursday asks the justices to set aside the 4th Circuit ruling and accept the case for oral arguments. It also asks the high court to lift a nationwide injunction issued by a federal judge in a separate Hawaii case. A panel of the U.S. Court of Appeals for the 9th Circuit, which covers Hawaii, heard the government’s arguments in that case last month, but has not yet ruled.
In turning to the high court, Justice Department lawyers said the 4th Circuit should have considered only the language of the executive order and not second guessed the president’s motivations.
