Trump admin amends travel ban date to keep legal battle alive
- Author: Audrey Hill Jun 16, 2017,
Jun 16, 2017, 4:01
Gorsuch, who has been sitting on the bench since April 10, restored the high court's 5-4 conservative majority. It's his first visit there as president.
For the first time since he was elected, President Donald Trump is set to attend the U.S. Supreme Court on Thursday, presenting a potentially awkward moment as the court weighs what to do about his contentious executive order that attempts to restrict U.S. entry by people from six Muslim-majority countries.
The White House released a memorandum Wednesday stating that the effective date of its revised travel ban - spelled out in the executive order as March 16 - is now "delayed or tolled until those injunctions are lifted or stayed".
But what this latest turn of events underscores is that the executive order is just an appetizer for the "extreme vetting" Trump has promised, and the president's latest tweets on the matter show that he is just as determined as ever to keep Muslims out.
But if the conservative majority on the Supreme Court is inclined to stay within the "four corners" of the executive order's text and not broadly consider the motivation behind it, the 9th Circuit shows it still can not be upheld.
Earlier this month, the Justice Department formally asked the Supreme Court to let the temporary ban on visitors from those six countries and refugees from around the world to be put in place. As USA Today reported, the retooling of the order will prevent the Supreme Court from declining to hear the case because parts of the order have already expired.
The president tweeted early Tuesday, "well, as predicted, the 9th Circuit did it again - Ruled against the TRAVEL BAN at such a risky time in the history of our country. S.C".
Wall wrote that more time was needed because the 9th Circuit ruling in favor of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds".
Because the Ninth Circuit based its opinion on different reasoning than the Fourth Circuit, the DOJ asked the Supreme Court for a last-minute opportunity to respond to this new information. "Br.pdf">the DOJ's request (pdf), ordering the government to submit any final arguments by June 15. The DOJ also will get one day after that to file a reply to those response briefs.
The new Supreme Court brief, filed June 9 and signed by attorney Barnaby Zall, Allen Dickerson and Zac Morgan of CCP, said using Trump's campaign statements to fight the travel ban would damage the ability of future candidates to convey their messages to voters.