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No! The Supreme Court Did Not Uphold the Travel Ban!

  • By: Ahmad Yakzan
  • Published: December 5, 2017

I read a headline yesterday saying that the Supreme Court of the United States upheld the Administration’s travel ban. I also head that Attorney General Sessions called it a win for American security. I doubt that the people saying that read the decision, and it is clear that AG Sessions is using this for political reasons. In this post, I will explain what is happening. The simple fact is the Supreme Court had to do this since there are two other cases dealing with the newest travel ban.

What Did the Supreme Court Do?

The Supreme Court lifted a stay on the first and second Travel Bans. The decision was entered after the Administration filed a Motion for the order. The order freezes the initial order until the Ninth and the Fourth Circuits deal with the third travel ban, which is the latest version with which these cases were dealing. The Court’s order will terminate automatically if the Administration petitions for certiorari if it loses, or if the other parties lose, the order will terminate upon entry of the Court’s judgment.

So the Court did not rule on the constitutionality of the Travel Ban, contrary to what people are saying.

Why Did the Court Do This?

I think that the Court entered the order since there might have been a standing issue if it did not wait for the other cases to go through the steps. The new Executive Order banned nationals of different countries not included in the first two Executive Orders. So, if the Court moved forward with its June order, and the cases currently pending reached it on a different question, then the original case might become moot. The other question regarding individual standing for the original Plaintiffs. Since different countries were included in the newest ban, some of the individuals might not be proper Plaintiffs.  This is true since the Fourth Circuit had recently dismissed the challenges to the first two orders by Order of the Supreme Court.

Simply put, the Supreme Court no longer had anything to enjoin, so it had to enter yesterday’s order. The Court has to wait for the new cases to reach it to deal with the September Executive Order.

What Does the Order Do?

The Order allows the Administration to start implementing the orders that were the subject of the June order, namely the first and second Executive Orders. These Executive Orders were severely limited by the third Executive Order. So, the consequences of yesterday’s order are very limited to the sections that were not terminated by the third order. The nationwide injunctions that are being reviewed by the Ninth and Fourth Circuit stay in place.

Did the Court Rule on the  Constitutionality of the Travel Ban?

No. The Court did not rule on the constitutionality of the travel ban. It is that simple. The Court allowed portions of the first and second Executive Orders from moving forward. Most of these were nullified by subsequent orders.

What Should You Do If You Are Affected by the Executive Orders?

I urge anyone affected by the Travel Ban to call a competent immigration attorney like Attorney Ahmad Yakzan to discuss your options. You can always contact us by calling 1(888)963-7326 or filling out the form below.

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