In an order signed by Justice Anthony Kennedy, the U.S. Supreme Court on Monday placed a temporary hold on the 9th Circuit Court of Appeals ruling last week which had limited Trump’s March 6 travel ban order barring refugees from entering the country.
Kennedy’s action is in response to the Justice Department’s Monday filing, challenging part of the federal appeals court’s ruling that would allow refugees to enter the U.S. if they had a formal offer from a resettlement agency. The move thus allows a part of Trump’s travel ban order to be implemented, for the time being.
The 9th Circuit’s ruling would have taken effect Tuesday, Sept. 12 if not for Kennedy’s intercession. Now, the full Supreme Court will have time to consider the merits of the Trump administration’s emergency request.
The Justice Department’s motion for a stay did not ask the Supreme Court to put a hold on the part of the appeals court’s decision that allowed entry of grandparents, aunts, uncles, and cousins of U.S. residents.
The Justice Department argues that allowing the 9th Circuit’s decision on refugees would “disrupt the status quo and frustrate orderly implementation of the order’s refugee provisions.
“To minimize the disruptive effect of the district court’s decision, the modified injunction should be stayed pending appeal and the Supreme Court’s disposition of the pending clarification motion,” reads the motion.
“The fact that the government is now in the midst of implementing the Order pursuant to the Supreme Court’s stay ruling magnifies the need for a stay pending appeal. The government began implementing the Order in accordance with the Supreme Court’s stay ruling more than two weeks ago, on June 29, which has entailed extensive, worldwide coordination among multiple agencies and issuing public guidance to provide clarity and minimize confusion. The district court’s ruling requires the government immediately to alter its implementation of the Order in substantial respects, inviting precisely the type of uncertainty and confusion that the government has worked diligently to prevent.”
This action by the Justice Department is the latest addition to the ongoing legal battle over Trump’s March 6 travel ban executive order—replacing the January 27 order—barring entry to travelers from the Muslim-majority nations of Iran, Syria, Libya, Somalia, Sudan, and Yemen. The order also placed a 120-day ban on refugees from all countries around the world.
This motion, along with the broader question of whether the travel ban violates the U.S. Constitution and First Amendment by discriminating against Muslims, will be reviewed by the Supreme Court in October.
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