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Supreme Court reinstates Trump travel ban, will hear arguments

Supreme Court reinstates Trump travel ban, will hear arguments”

After June 26's daily session, the Supreme Court will adjourn for the summer and is not expected to hold another public session until the first Monday in October - unless the Court holds a special hearing for President Trump's executive order.

President Donald Trump's revised March 6 executive order, "Protecting the Nation from Foreign Terrorist Entry Into the United States", would have banned people from Libya, Iran, Somalia, Sudan, Syria and Yemen for 90 days and suspended all refugee entries for 120 days.

Justices Neil Gorsuch, Clarence Thomas and Samuel Alito dissented from the ruling. Fellow conservative Justice Clarence Thomas wrote a dissenting opinion in which he warned that requiring officials to differentiate between foreigners who have connection to the USA and those who do not will prove unworkable.

In a 10-to-3 decision, the court noted Trump's remarks before and after his election about implementing a ban on Muslims and said the executive order "in context drips with religious intolerance, animus and discrimination".

"The government's interest in enforcing (the ban), and the executive's authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States", the court said.

The president signed his first attempt at a travel ban into law on 27 January.

But a three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled unanimously that the ban violated federal immigration law by targeting people from certain countries without improving national security.

There are also two major Second Amendment cases, either one of which would be only the third such Supreme Court case in American history.

Lower federal courts have so far agreed and blocked the travel ban.

Justice Anthony Kennedy, who has cast the decisive vote in some of the court's most far-reaching decisions, turns 81 next month and is widely believed to be thinking of retiring.

The announcement means that for travelers or refugees - if they have a relative in the United States, or some other direct tie to the USA - then those people can not be blocked by the Trump Administration from traveling here at this time. The attorney general called the threat of terrorism "immediate and real", and said the lower court's injunction "has a chilling effect on security operations overall".

The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a "bona fide relationship", who precisely has a "credible claim" to that relationship, and whether the claimed relationship was formed 'simply to avoid §2 (c)' of [the] Executive Order. Two federal appeals courts left those nationwide injunctions in place, setting up one final appeal for the Trump administration.

According to a 31 March white paper from the Institute for International Education in New York City, more than 15,000 university students - mostly in graduate programs - and 2,100 scholars now in the U.S. are from the six countries named in Trump's executive order.

Trump issued the order amid rising global concern about attacks carried out by Islamist militants like those in Paris, London, Brussels, Berlin and other cities. The U.S. Court of Appeals for the 4th Circuit ruled 10-3 that it discriminated against Muslims by targeting only countries with overwhelmingly large Muslim majorities.

"The order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality", the 9th Circuit judges wrote.



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