A ceremony at the Supreme Court tomorrow could be awkward for Trump

The Ninth Circuit Misreads a Trump Tweet
Trump rips appeals court and media in morning tweetstorm
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16 June, 2017

The White House released a memorandum Wednesday stating that the effective date of its revised travel ban - spelled out in the executive order as March 16 - is now "delayed or tolled until those injunctions are lifted or stayed".

The Trump administration has asked the Supreme Court to stay two injunctions on the executive order by federal appeals courts in Hawaii and Maryland, as well as to hear the case. Watson blocked those portions of the travel ban before they could go into effect.

In response, Sessions claimed that the President's executive order is "well within his lawful authority to keep the nation safe".

The 9 Circuit court ruling stated that the administration did not show that blocking citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen was necessary to protect this country. The 4 circuit chose a different path for its ruling. The executive order, in both versions, is a 90-day ban in order for the administration to conduct a review of its vetting procedures from these six predominantly Muslim countries.

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The order also suspends the nation's refugee program for 120 days and imposes a new limit on the number of refugees accepted. Richard Hasen, an election law expert and University of California Irvine law professor, noted in an article posted on his Election Law Blog a dissent by Ninth Circuit Judge Alex Kozinski at an erlier stage of the travel-ban litigation. But a party aggrieved by an adverse class certification decision also need not satisfy the strict standards for taking an interlocutory appeal; instead, under Rule 23 (f), a "court of appeal [] may permit an appeal from an order granting or denying class-action certification. if a petition for permission to appeal is filed with the circuit clerk within 14 days after the order is entered".

U.S. Chief Circuit Judge Roger Gregory wrote that the text of Trump's executive order, which was challenged in courts across the country for targeting members of a particular faith, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination".

The justices of the US Supreme Court are accustomed to being cordial in the face of conflict.

But the justices extended that deadline on Tuesday, ordering the parties in the case to have all briefs on the government's request for the court to reinstate the ban filed by June 21. The new version, created to better withstand legal scrutiny, named six countries instead of seven - dropping Iraq - and spelled out more of a national security rationale.


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