18.03.25 Scotus Travel Ban

April 25, 2018
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TRAVEL BAN #3
Supreme Court Showdown

Today’s case marks the FIRST time the justices will rule on a policy issued by Pres. Trump.

Flip: What’s At Stake

“The Ban”

Travel Ban #3 (the first two were blocked by lower federal courts) issued via Presidential Proclamation in September.

Proclamation restricts travel into the U.S. by non-citizens from 6 predominantly Muslim countries (Chad, Iran, Libya, Somalia, Syria, Yemen) and 2 other countries (North Korea & Venezuela).

Why This Matters:

Big issue for the court is whether the banA is constitutionalA (as applied to the 6 predominately Muslim countries – not North Korea & Venezuela) specifically:

  • Did the President exceed his authority over immigration by issuing the ban?
  • Is this discrimination?

Lawyers SUPPORTING the ban argue:

“The Constitution and Acts of Congress confer on the President broad authority to prohibit or restrict the entry of aliens outside the United States when he deems it in the Nation’s interest.”

Click here: Read Brief

Lawyers OPPOSING the ban argue:A A

No prior president has attempted to implement a policy that so baldly exceeds the statutory limits on the president’s power to exclude, or so nakedly violates Congress’s bar on nationality-based discrimination in the issuance of immigrant visas.”

Click here: Read Brief

Although the Supreme Court won’t issue its decision until late June, keep an ear out for the questions asked by the justices for an idea of how they *might* rule on some of the many issues at play:

  • SmartHER Read:A Your guide to the Supreme Court case on Trump’s travel ban: www.pbs.org/newshour/amp/politics/your-guide-to-the-supreme-court-case-on-trumps-travel-ban
  • SCOTUS agrees to hear case on Trump’s latest travel ban: [www.abajournal.com/news/article/scotusgrantscertpetitionintrumpv.hawaii/](http://www.abajournal.com/news/article/scotusgrantscertpetitionintrumpv.hawaii/)
  • Chemerinsky: The travel ban and the Supreme Court: [www.abajournal.com/news/article/chemerinskythetravelbanandthesupremecourt](http://www.abajournal.com/news/article/chemerinskythetravelbanandthesupremecourt)

In a recent article for the American Bar Association, Erwin Chemerinsky, Dean and Distinguished Professor of Law at UCLA, and one of the of country”s leading constitutional law experts, laid out the issues at the center of the case, why they matter, and their broader implications.

“The underlying issues inA Trump v. HawaiiA are enormously important: Do the federal courts have authority to review presidential decisions barring immigration from specific countries? What is the president”s powers to do this? What, if any, justifications are required? May such presidential orders discriminate based on religion, and if not, how is it determined if there is religious discrimination? And if all of this is not enough to make the case significant, it also may reveal the justices” views on presidential power and immigration that could be relevant to other issues pending in the lower courts, such as President Trump”s repeal of the Deferred Action for Childhood Arrivals program and the challenges to President Trump”s threatening to withhold federal funds from cities and states that do not cooperate with immigration officials.”

by Jenna Lee,

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