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White House Asks US Supreme Court To Reinstate Travel Ban

12 June 2017

"Until he determines they are properly vetted, that's pretty consistent with what we talked about".

Now in order to save the President Trump's unconstitutional project, the government would like the Supreme Court to ignore his and his advisors' statements that demonstrate the discriminatory intent of the Muslim ban.

Information from Reuters was used in this report.

President Donald Trump's administration asked the US Supreme Court on Thursday to reinstate its temporary ban on travelers from six Muslim majority nations despite repeated setbacks in the lower courts. The government also asked the court to put on hold two lower-court rulings blocking the implementation of the executive order, telling the justices that those rulings undermine "the President's constitutional and statutory power to protect" the United States. The court has a 5-4 conservative majority, with Justice Anthony Kennedy-a conservative who sometimes sides with the court's four liberals-the frequent swing vote.

Because the travel ban case involves legal questions about immigration, executive authority and First Amendment religious freedom, it is not clear how the Court would split - nor is it clear how Justice Gorsuch would rule.

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The Trump administration says that lower courts' unfavorable decisions cast doubts on president's authority to take decisions concerning national security.

If the court grants the requests, the travel ban will go back into effect and probably expire before the court hears arguments on the merits of the appeal.

Given the case's high-profile nature, the full appeals court in Richmond heard the arguments - bypassing the usual initial three-judge panel - for the first time in a quarter of a century. Courts have historically been deferential in this area, and recent presidents including Carter, Reagan and Obama have used it to deny entry to certain refugees and diplomats, including from nations such as Iran, Cuba, and North Korea.

On May 25 the 4th USA circuit court of appeals in Richmond, Virginia upheld a Maryland judge's ruling blocking the order.

The administration has asked the court to allow the ban on visitors from six mostly Muslim countries and refugees from around the world to be put in place before the justices consider the merits of the case.

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The Fourth Circuit said it "remained unconvinced" that the part of the measure naming the specific countries had "more to do with national security than it does with effectuating the president's promised Muslim ban".

On May 25, a federal appeals court in Virginia refused to lift the temporary block, saying the Trump's order "drips with religious intolerance, animus and discrimination". But the weirdness of the request - which is almost certainly an attempt to speed up the process before the Supreme Court adjourns for the summer - may not sit well with the procedure-minded justices. A San Francisco-based appeals court is now considering the Hawaii case.

His administration has argued that the travel ban is needed to prevent terrorism in the United States.

The ban needs the backing of at least of five of the nine presiding Supreme Court justices to become law.

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White House Asks US Supreme Court To Reinstate Travel Ban