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Matthew Kolken on Deportation And Removal

SCOTUS Allows Full Travel Ban to go into Effect During Appeals Process

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It was a 7-2 decision. The two predictably are Justices Ruth Bader Ginsburg and Sonia Sotomayor. Justice Elena Kagan, appointed by Barack Obama, surprisingly sided with the majority.

Via SCOTUS Blog:

In two brief orders (available here and here), the court permitted the Trump administration to enforce the September 24 order while the courts of appeals consider the government’s appeals and, if necessary, during review in the Supreme Court. In doing so, the justices went further than they had in June, when they carved out the same kind of exception to the March 6 order that the lower courts imposed in this case – for travelers who can claim a relationship with the United States. In its most recent filings, the Trump administration had argued that the September 24 order is different from its predecessors not only because of the “extensive worldwide review process” that led to its creation, but also because it applies to countries where Muslims are not a majority, while removing some majority-Muslim countries from earlier lists. Although the challenges are still in a preliminary stage of litigation, today’s orders nonetheless bode well for the Trump administration by suggesting that its arguments may have gained some traction on the court.

Click here for the full SCOTUS Blog post.

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Updated 12-05-2017 at 10:00 AM by MKolken

Comments

  1. ImmigrationLawBlogs's Avatar
    The Supreme Court majority, evidently, decided to ignore Trump's inexcusable action in retweeting some Muslim-hating videos which an openly Islamophobic activist had posted in the UK. Even if one disregards Trump's campaign statements against all Muslims such as "Islam hates us", as the DOJ has been urging the federal courts to do, this latest example shows, beyond any possible doubt, what Trump's real reason for his Muslim ban orders has been all along, and that the alleged "national security" justification for these orders has never been anything more than an elaborate sham.

    The problem that Trump's defenders in the White House and his administration have been having is that as soon as they concoct some explanation or other for his conduct on issue after issue, Trump tweets out the truth about his real motives.

    The same thing has happened with Trump's former national security advisor Michael Flynn, who, not coincidentally, also happens to have a record of Islamophobic statements, and who has now just pleaded guilty to lying to the FBI in Robert Mueller's Russia investigation.

    As pointed out in one of my recent ilw.com comments, Harvard constitutional law professor Laurence Tribe has stated that Trump's latest tweet about Flynn is clear evidence of obstruction of justice by the president.


    Roger Algase
    Attorney at Law
    Updated 12-11-2017 at 02:34 PM by MKolken
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