Friday, December 22, 2017
Earlier this month, the Supreme Court allowed implementation of the Administration's travel ban even while litigation challenging the ban in the lower courts continues. International human rights law is in the mix in the lower courts, with several briefs filed on behalf of the International Bar Association. Interestingly, these briefs defend the fundamental human rights principle of judicial independence as well as examining relevant international refugee law. Here is the description provided by the IBA:
"Prompted by the comments of President Donald Trump and other United States Executive Branch officials questioning the validity of judicial rulings, and denigrating the motives and integrity of US federal judges, the International Bar Association's Human Rights Institute (IBAHRI) has submitted amicus curiae briefs to US courts in the pending travel ban cases. In the amicus briefs, the IBAHRI urges the courts to consider international law principles regarding judicial independence and due process rights of refugees in assessing the travel bans."