Sunday, January 7, 2018
Amy Howe writes that the Trump administration has filed a petition for certiorari in Hawaii v. Trump, in which the Ninth Circuit found that the latest version of the travel ban violated the immigration statute. The petition seeks reversal and asks the Court to uphold the third version of the travel ban.
Howe describes the U.S. government's basic position as follows:
"Unlike the earlier version of the order, the government explained, which was `premised on uncertainty about the adequacy of other governments’ information-sharing,' the most recent iteration is a response to `specific findings that a handful of countries have deficient information-sharing practices or other factors that prevent the government from assessing the risk their nationals pose to the United States.' By blocking the president from excluding nationals from those countries, the Trump administration warned, `the courts below have overridden the President’s judgments on sensitive matters of national security and foreign relations, and severely restricted the ability of this and future Presidents to protect the nation.'”