Thursday, April 19, 2018

Supreme Court to Hear Oral Arguments (Finally) in "Travel Ban" Case


On April 26, the Supreme Court will hear oral argument in Trump v. Hawaii, the "travel ban" case.  The questions presented are as follows:

(1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable;

(2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad;

(3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and

(4) whether the proclamation violates the establishment clause of the Constitution.

The Ninth Circuit in a per curiam opinion by Judges Michael Daly Hawkins, Ronald Gould, and Richard Paez, affirmed an injunction entered by the district court.

Amy Howe previews the oral argument for SCOTUSBlog.  She outlines the arguments of the parties on the issues presented and concludes as follows:

"Reflecting the deep public interest in the case and the travel ban more generally, the justices received a wide range of “friend of the court” briefs – submitted by everyone from Mormon history and legal scholars to Khizr Khan, the Gold Star father who criticized Trump at the 2016 Democratic National Convention, and a group of U.S. art museums. The court also announced last week that it would make the audio of the oral argument available shortly after the argument on Wednesday, rather than waiting until Friday, when the audio is normally released. But although we may have a good sense of where the justices are heading after next week’s oral argument, we almost certainly will have to wait until late June for the court’s ruling."

Penn State Law's Center for Immigration Rights Clinic also has a preview of the travel ban 3.0 argument.  Here is an audio of a discussion aboutf the case organized by the American Constitution Society. 

Other materials on the case include:

A View from the Ground: Stories of Families Separated by the Presidential Proclamation
, Asian Americans Advancing Justice Asian Law Caucus, Center for Constitutional Rights, Muslim Advocates, and the Penn State Law Center for Immigrants' Rights Clinic, February 20, 2018.


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